The Federal Trade Commission has released a report recommending practices that businesses using facial recognition technology should follow in order to protect the privacy and security of consumers. The report noted that facial recognition techniques range from simple face detection to the identification of previously anonymous individuals. The FTC recommended several practices for all businesses, such as privacy by design, data deletion, and security standards. In services involving facial recognition to identify individuals, the FTC recommended that companies obtain the affirmative express consent of consumers, and in certain sensitive locations, such as health care facilities, the FTC said that the technology should not be used at all. In earlier comments to the Commission, EPIC recommended a moratorium on the use of facial recognition until adequate privacy safeguards are developed. A similar recommendation is found in the Madrid Privacy Declaration, which is endorsed by more than 100 civil society organizations worldwide. Facebook has ended the use of facial recognition in the European Union and suspended use in the United States. For more information, see EPIC: Face Recognition and EPIC: Federal Trade Commission.
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Privacy Law Sourcebook (2016)