“Part of the issue is that your face is not actually a very private thing,” said Matthew Kugler, a professor at Northwestern Pritzker School of Law, who studies privacy litigation. “If there isn’t a legal restriction on using the technology, then practically they are always going to be able to get images of your face, so they can always practically do it. Given that we can’t protect the secrecy of your face, the only way to protect your privacy is through legal intervention.”
Emerging Technologies Bring Shifts in Biometric Privacy Litigation, Experts Say

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