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In the digital age, data collection is crucial for retailers, with advanced technologies like facial recognition systems being used to improve customer experience, streamline operations and enhance security in stores. Despite these benefits, the use of facial recognition raises important compliance, liability and ethical issues that need to be addressed to safeguard both businesses and their customers.

Organizations must be mindful of privacy and ethical concerns, particularly regarding consent and data protection. Potential legal liability pitfalls include:

  • Privacy liability, where customers may feel their privacy is invaded if unaware of being monitored
  • Data breaches, which can lead to identity theft and other security issues due to the sensitivity of biometric data
  • Regulatory risk, where non-compliance with data collection laws can result in investigations, fines, and settlements, harming the retailer's reputation and financial standing.

For a deeper dive into these critical issues, explore further by reading our client advisory.

GET THE CLIENT ADVISORY


Disclaimer

The information contained herein is offered as insurance Industry guidance and provided as an overview of current market risks and available coverages and is intended for discussion purposes only. This publication is not intended to offer financial, tax, legal or client-specific insurance or risk management advice. General insurance descriptions contained herein do not include complete Insurance policy definitions, terms, and/or conditions, and should not be relied on for coverage interpretation. Actual insurance policies must always be consulted for full coverage details and analysis.

Insurance brokerage and related services provided by Arthur J. Gallagher Risk Management Services, LLC. License Nos. IL 100292093/CA 0D69293.