ation” should carefully review the Policy Statement and consider whether additional steps need to be taken to address the FTC’s latest guidance. FTC, Face Facts: A Forum on Facial Recognition Technology (Dec. 8, 2011), https://www.ftc.gov/newsevents/events/2011/12/face-facts-forum-facial-recognition-technology. Note that the Everalbum Consent Order defined “biometric information” to similarly cover “data that depicts or describes the physical or biological traits of an identified or identifiable person, including depictions (including images), descriptions, recordings, or copies of an individual’s facial or other physical features (e.g., iris/retina scans), finger or handprints, voice, genetics, or characteristic movements or gestures.” In re Everalbum, Inc., also d/b/a Ever and Paravision, a corporation, Decision, Docket No. C-4743, at 2 (May 6, 2021) (“Everalbum Consent Order”).Trade Regulation Rule on Commercial Surveillance and Data Security, Advance Notice of Proposed Rulemaking, 87 Fed. Reg. 51273, 51283, ¶¶ 37-38 (Aug. 22, 2022).Id. ¶ 38.[View source.]

an they can effectively manage or need to perform their services.” Their submission highlights the heightened sensitivity of certain categories of consumer information, such as location, biometric, and medical data; issues with data brokers and how they surveil consumers; and the topic of how data minimization can help mitigate concerns surrounding data aggregation. Ultimately, the AGs’ letter recommends that the FTC review the states’ own data privacy and security laws, highlighting the laws enacted in California, Colorado, Connecticut, Utah, and Virginia.Our TakeThe AGs’ fulsome response to the FTC’s comment request means the AGs are focused on the developments in the data security and commercial surveillance field. Companies should ensure they follow best practices for data security and retention and think carefully about how they use or sell consumer data to avoid becoming the target of an AG or FTC investigation. Trade Regulation Rule on Commercial Surveillance and Data Security, 87 Fed. Reg. 51273 (Aug. 22, 2022). Press Release, FTC, “FTC Explores Rules Cracking Down on Commercial Surveillance and Lax Data Security Practices” (Aug. 11, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/08/ftc-explores-rules-cracking-down-commercial-surveillance-lax-data-security-practices.Id.Id. Comment Letter from the Commonwealth of Massachusetts Office of the Attorney General, Commercial Surveillance ANPR, R111004 (Nov. 17, 2022), https://assets.law360news.com/1550000/1550793/ftc-2022-0053-0764_attachment_1.pdf.Id.