In an article published in Intellectual Property Magazine online on April 28, 2020 and in the May 2020 issue, Partner Ryan Phelan discusses the data privacy law and IP considerations for biometric-based AI innovations.

"Biometrics data is increasingly being used to develop artificial intelligence (AI) models for security and identification applications. While the intellectual property (IP) potential for such innovations is vast, issues can arise with the use of biometrics data in view of newly enacted, and developing, data privacy laws and regulations. Companies that develop innovative products and services that use biometrics data, and companies that collect such data, should position themselves to adapt to a changing legal and regulatory landscape," said Phelan.

Since biometrics data is highly personalized data that provides a unique signature for each person, it can be utilized in various security or personal identification applications, in turn creating data privacy issues under new and developing data privacy laws and regulations.

In this article, Phelan addresses two such regulatory landscapes – those established by the European Union (EU) and individual states in the U.S.

"Companies developing innovative products and services that use biometrics data will also want to work with legal counsel knowledgeable about both IP and data privacy laws and regulations in order both to protect their innovations and to stay abreast of the growing data privacy landscape," Phelan concluded.

Subscribers may access Ryan's full article on Intellectual Property Magazine online.

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