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Information & Ethics committee  I'm also not aware of any centralized registry. I will note that in the United States, the National Institute of Standards and Technology did a study on facial recognition tools a couple of years ago. It was a widely publicized study that found the racial bias inaccuracy. In th

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  I certainly think that is an important first step, particularly for enforcement authorities to know who they regulate, just as in other industries. If you regulate banks, usually the banks are not operating in secret so that you wouldn't know they're subject to these regulations.

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  There have been some proposed laws in the United States that would require the disclosure of algorithmic tools or automated decision-making, and I think facial recognition technology would be included in that. Some laws that we have seen enacted at the city or state level requir

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  I'm sorry that I don't have the specifics of those exemptions to provide. They're written into the law for very specific purposes. I can send details to the clerk later on the specifics of the settlement, which outlines what those exemptions in BIPA are.

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  I will point out to the committee that the Maryland bill is SB 335, which is a biometric privacy law. I think that is one model this committee could look to.

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  The consent provisions are key and it has to be meaningful consent. I think Mr. Israel spoke about the downsides of opt-out consent, and particularly one concern we have is that we all interact with so many businesses, particularly online, that if you have to opt out every time p

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  Yes, that's a critical part of any regulation. There should be a sunset period, as I mentioned. We've suggested one year after the last interaction with a business as a default, but certainly any time an individual chooses to have their biometrics deleted from a database, that op

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  Yes, and there should also be a clear limit on any private sector collection of biometrics. There should be a clear limit on sharing with other entities, including law enforcement, without the consent of the individual. We should carve a very important regulation so that it's not

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  My final thoughts are that I would urge the committee to act expeditiously. The technology's developing every year, and as things stand it's a too-far unregulated field that is inflicting harm every day. There are very concrete, specific laws that can be enacted. There is regulat

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  One of the main ones is that it enabled us to hold a company like Clearview accountable for creating a database of hundreds of millions of people's face prints without consent and selling it to private companies and law enforcement for a whole host of purposes. We have been advo

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  I would have to think and get back to the committee on whether there was sort of a perfect model. I think the Illinois law is a good place to start and I think that there have been proposals in places like Maryland and Maine. Those laws have not been enacted but they are out ther

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  Yes. We filed a lawsuit against Clearview under an Illinois state law known as BIPA, the Biometric Information Privacy Act, and we settled that lawsuit. Under the terms of the settlement, there are two key provisions. Clearview can no longer provide to any private entity access

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  I would be happy to do that.

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  Our lawsuit doesn't address anything they do outside the United States. That's correct.

June 16th, 2022Committee meeting

Esha Bhandari

Information & Ethics committee  One of the areas that we have been concerned about is the expansion of facial recognition and other biometric technology in airports. We haven't looked specifically at Nexus, but the same principle holds with, for example, the global entry system in the United States. The concer

June 16th, 2022Committee meeting

Esha Bhandari