Are there any laws concerning the use of facial recognition software for consumer marketing and product recommendations?

In North Carolina, there are currently no laws concerning the use of facial recognition software for consumer marketing and product recommendations. However, the North Carolina legislature has considered several bills that would address the use of facial recognition technology. One bill proposed in 2020, for example, would have prohibited businesses and other organizations from using facial recognition software for consumer marketing or product recommendations without prior written consent from the user. The bill also would have required businesses to provide clear and conspicuous notice, both in writing and online, regarding the use of facial recognition technology. The North Carolina Senate had voted in favor of the bill, but it was ultimately not passed. It is possible that similar legislation may be introduced in the future, as consumer concerns continue to grow about the potential privacy and security risks associated with this technology. In the meantime, businesses should always be aware of the potential legal risks associated with using facial recognition software, even if there are no explicit laws in North Carolina governing its use. Businesses should ensure they have obtained clear written consent from the user before using facial recognition technology for any consumer marketing or product recommendation purposes. Additionally, businesses should make sure they have provided clear and conspicuous notice, both in writing and online, concerning the use of facial recognition software.

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