This is the second article in a three-part series analyzing key developments in the area of biometric privacy that took place in 2021, as well as what companies can expect in 2022. Part one took a look back at the major developments of 2021 and the current legal landscape as it exists as we enter 2022. Part two explores what companies can expect in the biometric privacy arena over the next year. And part three offers tips and strategies for companies to maintain compliance with both current and anticipated biometric privacy laws based on lessons learned to date.

2021 brought with it many significant developments in the biometric privacy space, with Illinois Biometric Information Privacy Act (BIPA) class litigation continuing apace, decisions expanding the scope of BIPA liability exposure, new laws imposing greater requirements and restrictions over the collection and use of biometric data, and additional (albeit unsuccessful) efforts by other legislatures to exert greater control over the commercial use of biometrics.

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