안면인식정보 보호 및 안면인식기술 규제에 관한 미국법 연구

This paper researches the current U.S. move to protect face template data and regulate facial recognition technology. Biometric Information Privacy Act(BIPA) of Illinois provides the strongest protection for face template data by requiring written release from individuals to collect data and by granting the right of action to the aggrieved person. In the lawsuit filed by Illinois residents in connection with Facebook's unauthorized collection of face templates from photographs posted online, the U.S. Court of Appeals of 9th Circuit upheld that BIPA substantially recognized an individual’s concrete right to privacy for biometric identifiers/information, and that if an entity violates the procedures set out in BIPA, it will satisfy the concrete injury-in-fact element for Constitution Article III standing. This holding leads to protect citizens’ control on the face template data more powerfully. While the San Francisco Ordinance and the Senate Bill 847 seek facial recognition moratorium until a regulatory framework for facial recognition technology is established, the Washington State Act, passed for the first time in the U.S. to regulate facial recognition technology, seeks to balance the development of facial recognition technology and the guarantee of civil rights and liberties. Based on this trend in the United States, we can get the following implications. It is necessary to strengthen further the protection of face template data under the Personal Information Protection Act, to allow broader damages for unauthorized collection or infringement of face template data, and to establish regulatory frameworks to balance between the development of facial recognition technology and the guarantee of civil rights and liberties.