On December 3, 2013, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced a new multistakeholder process to develop a code of conduct regarding the commercial use of facial recognition technology. The first meeting is set for February 6, 2014 in Washington, D.C., and will provide stakeholders with background on the privacy issues associated with facial recognition technology, including how facial recognition technology currently is being used by businesses and how it may be used in the near future. The February meeting is open to all interested stakeholders and will be available for viewing via webcast. Additional meetings are planned for the spring and summer of 2014.

As we previously reported in February 2012, when the White House released its long-awaited privacy framework the NTIA was charged with overseeing the development of enforceable codes of conduct that specify how the Consumer Privacy Bill of Rights applies in specific business contexts.