The National Law Review: Federal Court Dismisses Litigation Challenging U.S. Postal Service’s Use of Facial Recognition and Related Technologies

A federal court the end of last week dismissed a litigation challenging the U.S. Postal Service’s (“USPS”) use of facial recognition and related technologies to collect personal data, finding that the group which filed the claims lacked standing.  Electronic Privacy Information Center v. United States Postal Service et al., Case No. 1:21-cv-02156 (D.D.C.).  As it is anticipated the use of facial recognition and AI will continue to be challenged by plaintiffs and other parties in privacy litigations going forward, the resolution in this particular dispute is relevant for other cases, particularly insofar as government activity in this space is concerned.  Read on to learn more.

In August of last year the Electronic Privacy Information Center (“EPIC”) filed on behalf of itself and its members alleging that the USPS failed to comply with the E-Government Act.  This law, which was enacted in 2002, was designed to improve the Government’s use of information technology “in a manner consistent with laws regarding protection of personal privacy, national security . . . and other relevant laws.”  116 Stat. 2899, 2901 (2002) (Act), codified at 44 U.S.C. § 3501.

Read more here.