With no federal facial recognition law, states rush to fill void (www.npr.org)

With no comprehensive federal law regulating facial recognition technology, states are increasingly stepping in to fill the regulatory gap by enacting their own biometric privacy laws. Currently, 23 states have passed or expanded restrictions governing how companies can collect and use biometric data such as facial images, voiceprints, and eye scans. Notable recent examples include Colorado’s new rules requiring explicit consent before collecting biometric information and banning its sale, and Texas’s AI law prohibiting biometric data harvesting without permission. These state laws aim to curb mass digital surveillance by tech companies and empower consumers, although enforcement mechanisms differ—some states allow individuals to sue companies, while others rely solely on attorney general actions. The patchwork of state regulations reflects growing public concern over the pervasive and often opaque use of facial recognition integrated into everyday apps and devices. While landmark laws like Illinois’s Biometric Information Privacy Act require written consent and allow private lawsuits against violators, most other states rely on more limited consent frameworks and government enforcement, which advocates argue are less effective. Legal actions have led to massive settlements from major firms like Google, Meta, and Clearview AI, signaling the financial risks of noncompliance. Nonetheless, challenges remain in regulating elusive overseas operators like PimEyes, a face-search engine whose resistance to legal accountability highlights the limits of state laws in addressing transnational digital surveillance. The absence of a unified federal standard leaves the AI and privacy landscape fragmented, frustrating advocates who call for nationwide protections similar to Illinois's robust model. Despite repeated legislative attempts, federal facial recognition regulation has stalled due to lobbying by tech companies prioritizing profits over privacy. As facial recognition becomes ever more ubiquitous, public frustration is mounting, underscoring the urgent need for comprehensive legal frameworks to safeguard biometric data in the AI era.