skills / legal & compliance

compliance-check

what it does

Run a compliance check on a proposed action, product feature, or business initiative, surfacing applicable regulations, required approvals, and risk areas. Use when launching a feature that touches personal data, when marketing or product proposes something with regulatory implications, or when you need to know which approvals and jurisdictional requirements apply before proceeding.

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Answers from Claude Sonnet 5.5 and GPT-6.1 Sol · try 1 of 1

Same request, same model, once with the skill and once without. Read both and judge for yourself.

“We're adding face recognition login to our personal budgeting app. Users are all over the US, including a lot in Illinois. We'd store the face templates on our servers indefinitely. What do we need to check?”

Source material given with the request

App: Pennywise Budget, by Ferncliff Apps Inc. (Delaware). 210,000 US users, about 18,000 in Illinois. Plan: on enrollment, capture face images, generate a face template, upload it to our cloud, keep it indefinitely "in case users reinstall". Consent: a line in the updated terms of service.
with the skill
## Compliance Check: Face Recognition Login for Pennywise Budget *This is a compliance assessment, not legal advice. Biometric privacy law is changing quickly and is litigated heavily, so have qualified counsel confirm the current requirements.* ### Summary **Requires further review. Do not launch as designed.** Two features of the plan, indefinite server-side retention and consent by a line in the ToS, conflict directly with the Illinois Biometric Information Privacy Act (BIPA). BIPA has a private right of action, and with about 18,000 Illinois users the class-action exposure is significant. The feature can **proceed with conditions** if redesigned, and the best fix is to keep templates on the user's device. ### Applicable Regulations and Policies | Regulation/Policy | Relevance | Key Requirements | |---|---|---| | **Illinois BIPA** (740 ILCS 14) | About 18,000 Illinois users. Face templates and scans are "biometric identifiers." | Public written retention and destruction policy. Destroy data when the purpose is satisfied or within 3 years of last interaction, whichever is first. Informed **written release** before collection, after written notice of the specific purpose and length of retention. No selling or profiting from the data. Limits on disclosure. Reasonable security. Private right of action. | | **Texas CUBI** (Bus. & Com. Code §503.001) | Texas users. The AG enforces it, and the 2024 Meta settlement of about $1.4B shows the stakes. | Notice and consent before capture. Reasonable care in storage. Destroy within a reasonable time, generally no later than 1 year after the purpose expires. No sale. | | **Washington biometric law** (RCW 19.375) | Washington users. | Notice, consent, or an alternative mechanism before enrolling data in a commercial database. Limits on use and retention. | | **Colorado Privacy Act biometric amendment** | Colorado users. Verify the effective date and whether it applies below the usual thresholds. | Consent for biometric data
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collection, a written retention policy, and deletion obligations. | | **CCPA/CPRA and other state comprehensive privacy laws** (CA, VA, CT, and others) | Biometric data used for identification is "sensitive" personal information. Applicability depends on revenue and consumer-count thresholds. | Notice at collection. Opt-in consent in many states. California's right to limit use of sensitive PI. Data protection assessments in several states. Deletion rights. | | **FTC Act §5** and the FTC's 2023 biometric policy statement | Applies nationwide. The FTC has pursued deceptive or unfair biometric practices, including ordering deletion of data and derived models. | Accurate disclosures, no burying material terms, reasonable security, and no unexpected secondary use. | | **GLBA / FTC Safeguards Rule** (possibly) | A budgeting app may or may not be a "financial institution." | If it is, security program obligations apply, and BIPA has a GLBA-related exemption. **Do not rely on that exemption without counsel's analysis**, because its reach is uncertain. | | **State breach notification laws** | Some states include biometric data in the definition of personal information. | Breach response planning for this data set. | | **Apple App Store / Google Play policies** | Distribution channel. | Check the biometric and sensitive-data disclosure rules and the privacy label and data safety updates. | ### Requirements | # | Requirement | Status | Action Needed | |---|---|---|---| | 1 | Written, publicly available retention and destruction policy (BIPA §15(a)) | **Not Met** | Draft and publish one. "Indefinitely in case of reinstall" is not a compliant retention period. | | 2 | Retention within BIPA/CUBI limits | **Not Met** | Delete on account closure, on opt-out, or after at most 3 years of inactivity (BIPA), and sooner where possible. | | 3 | Written notice of collection, the specific purpose, and the retention term (BIPA §15(b)) | **Not Met** | Give a standalone notice at enrollment that states these items. | | 4 | Informed written release (electronic signature is acceptable) | **Not Met** | A line in the ToS is high-risk. Use a separate, unbundled, affirmative opt-in at enrollment (not pre-checked), and keep records. | | 5 | Consent from **existing** Illinois users | **Not Met** | A ToS update is not a release for biometric collection. Obtain fresh consent before any enrollment. | | 6 | No sale, lease, or profit from the data (BIPA §15(c)) | Unknown | Confirm no use for analytics, advertising, model training, or vendor benefit. | | 7 | Disclosure limits and vendor controls | Unknown | Identify any third-party face-matching or cloud vendor. BIPA applies to vendors too. Get contractual limits on retention, use, and training. | | 8 | Reasonable security for templates (BIPA §15(e), CUBI) | Unknown | Encryption at rest and in transit, key management, access controls, and templates stored separately from account data. | | 9 | Non-biometric alternative | Unknown | Keep passcode or password login so consent is voluntary and users aren't locked out. | | 10 | CCPA and state-law notices and assessments | Unknown | Confirm thresholds. If they apply, update privacy notices and run a data protection assessment. | | 11 | Raw image handling | Unknown | Clarify whether raw face images are retained. They should be discarded immediately after template generation. | | 12 | Minors | Unknown | Confirm age gating. Biometrics from minors raise the risk level. | ### Risk Areas | Risk | Severity | Mitigation | |---|---|---| | **BIPA class action.** Plaintiffs need no actual harm, per *Rosenbach*, and the limitations period is 5 years (*Tims*). Statutory damages are $1,000 per negligent violation and $5,000 per reckless or intentional one. The 2024 amendment limits recovery to one per person per collection method, but 18,000 users is still roughly $18M at the negligent rate and up to $90M at the reckless rate, before defense costs. | **High** | Redesign as below, get a compliant written release, and implement a retention schedule. Check whether the ToS has an arbitration clause and class waiver. That helps but doesn't replace compliance. | | Indefinite retention violates BIPA §15(a) and Texas and Washington limits. It is also hard to defend as necessary, since users can simply re-enroll. | **High** | Remove it. Re-enrollment after reinstall is a minor inconvenience. | | Consent in the ToS is likely invalid for BIPA, the FTC's standard, and opt-in state laws. | **High** | Use a separate enrollment-time consent with specific disclosures. | | Texas AG enforcement carries penalties of up to $25,000 per violation. | **High** | Comply with CUBI's notice, consent, and destruction rules, or avoid collecting the data. | | Security breach. A leaked face template cannot be reset like a password, and the app holds financial data. | **High** | Prefer on-device storage. Otherwise use strong encryption, segregation, and breach response planning. | | Vendor and secondary-use exposure, including model training or analytics on templates. | **Medium** | Contractual prohibitions, audits, and a no-training commitment. | | Misrepresentation. If the privacy policy or app store labels don't match actual practice, the FTC and state AGs can act. | **Medium** | Align the privacy policy, in-app notices, and store disclosures with the final design. | | GLBA exemption assumption. | **Medium** | Treat it as unproven. Have counsel evaluate it separately. | ### Recommended Actions 1. **Redesign to on-device biometrics** using the OS facilities (Apple Face ID or Android BiometricPrompt) so the face template never reaches your servers. If Ferncliff never collects or possesses the biometric data, the BIPA, CUBI, and related exposure largely falls away. Have counsel confirm this analysis for your specific implementation. This is the single most effective mitigation. 2. **If server-side storage is truly necessary**, do all of the following before launch: - Publish a retention and destruction policy, with deletion on account closure or opt-out and a hard outer limit of at most 3 years of inactivity. - Add a standalone, unbundled enrollment consent. It should state what is collected, the purpose (authentication only), and the retention period, and it should be recorded with a timestamp and version. - Delete raw images immediately after template creation. - Put the vendor and security controls above in place. 3. **Drop the "keep indefinitely in case of reinstall" rationale.** Offer re-enrollment or the fallback login instead. 4. **Obtain fresh consent from existing users** and don't rely on the ToS update. Keep a non-biometric login option available. 5. **Confirm the facts** that affect scope: the user count by state (especially CA, TX, WA, CO), whether there are minors, your GLBA status, whether the ToS has an arbitration clause, and which vendors and cloud services would touch the data. 6. **Update the privacy policy, in-app notices, and app store disclosures** to match the final design, and complete any required data protection assessments. 7. **Add biometric data to the incident response plan** and check cyber insurance coverage for biometric claims. ### Approvals Needed | Approver | Why | Status | |---|---|---| | Legal / privacy counsel | Design review, BIPA and multi-state analysis, consent language | Pending | | Security / CISO | Architecture, encryption, key management, vendor security review | Pending | | Product and engineering leads | Redesign to on-device, enrollment flow, deletion mechanics | Pending | | Executive sponsor / CEO | Risk acceptance if server-side storage is chosen | Pending | | Procurement / vendor management | Vendor contracts and restrictions on retention and training | Pending (if vendors are used) | | Finance / risk (insurance) | Coverage for biometric claims | Pending | ### Further Review Recommended - **Outside counsel with BIPA litigation experience** should review the design before launch, especially if server-side templates remain in scope. The law is shaped by case law, and the 2024 damages amendment is still being tested. - **GLBA / "financial institution" status** needs a separate analysis to decide whether any BIPA exemption could apply. It shouldn't be assumed. - **Multi-state analysis** is needed for the state comprehensive privacy laws, including thresholds, opt-in requirements, and data protection assessments, plus any biometric laws enacted since this review. - **A security assessment** of any server-side template storage is advised. - **Arbitration clause and class waiver** enforceability should be assessed. They could change litigation exposure but not regulatory exposure.
without
# Bottom line The current plan, server-side templates kept indefinitely with consent buried in the ToS, would likely violate Illinois's Biometric Information Privacy Act (BIPA) and create serious exposure elsewhere. The best fix is architectural: use on-device biometrics so you never collect templates. Have counsel review whatever you choose. ## Why the current plan is a problem **Illinois BIPA (740 ILCS 14)** is the main risk because it has a private right of action, so plaintiffs' firms bring class actions without needing proof of actual harm. | Requirement | Your plan | |---|---| | **15(a)**: Public written retention policy. Data must be destroyed when the purpose is satisfied or within 3 years of the user's last interaction, whichever is first. | "Indefinitely" directly conflicts with this. | | **15(b)**: Before collection, give written notice of the specific purpose and retention period, and get a written release (electronic signature is OK). | A line in the ToS is the classic failure. Use a standalone, specific consent. | | **15(c)**: No selling, leasing, or profiting from the data. | Make sure there's no secondary use, such as analytics or model training. | | **15(d)**: Consent before disclosing to third parties. | Check whether your cloud or face-matching vendor counts. | | **15(e)**: Reasonable security, at least as protective as for your other confidential data. | Needs encryption, key management, and access controls. | **Exposure:** damages are $1,000 per negligent violation and $5,000 per reckless or intentional one. With 18,000 Illinois users, that's roughly $18M–$90M in theoretical exposure. The 2024 amendment limits recovery to one per person rather than per scan, but courts are still sorting out whether it applies to older claims. The limitations period is 5 years. **Possible exemption:** BIPA exempts financial institutions subject to GLBA. Whether a budgeting app qualifies is fact-specific and uncertain, so don't build your plan on it.
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## Other laws to check - **Texas CUBI and Washington (RCW 19.375):** Both require notice and consent and limit retention. They're enforced by the state attorney general rather than private suits, but Texas penalties run up to $25,000 per violation, and the AG has extracted very large settlements. - **State comprehensive privacy laws** (California, Colorado, Virginia, Connecticut, and others): Biometric data is "sensitive data," which generally requires opt-in consent (California requires notice and a right to limit use). Colorado has biometric-specific rules that may apply regardless of the usual thresholds. Check which laws you meet the thresholds for, since 210,000 users across many states may trigger several. - **FTC Act §5:** The FTC has said that misleading or unfair biometric practices, including inadequate security and vague disclosures, are enforceable. - **Breach notification laws:** Many states now include biometric data. A template breach is worse than a password breach because users can't change their faces. - **GLBA / FTC Safeguards Rule:** If you're a "financial institution," security program obligations apply. - **App store rules:** Apple and Google both have biometric and data-collection disclosure requirements. ## Recommended design 1. **Use platform biometrics.** Apple Face ID and Android BiometricPrompt keep the template in the secure enclave or TEE. Your app only gets a yes/no result, and you generally don't collect or possess biometric identifiers. This eliminates most of the legal risk and the breach risk. 2. **Drop the "in case of reinstall" justification.** Re-enrolling after reinstall takes seconds, and the user can fall back to a password or passkey. Convenience doesn't justify indefinite retention. 3. **If you still need server-side templates:** - Obtain a standalone written release before capture, stating what is collected, the specific purpose, and the retention period. - Publish a retention and destruction policy. Delete on account deletion, on biometric opt-out, when the purpose ends, and within 3 years of last interaction at the latest. Make it shorter in practice. - Encrypt templates at rest and in transit, with managed keys, and keep them separate from account data. - Add liveness and anti-spoofing detection. - Never use the data for anything beyond authentication, and never share it without consent. - Sign data processing agreements with your cloud and vendor, with deletion obligations. Get 15(d) consent if a vendor receives the data. - Offer a non-biometric alternative that works equally well. Consent must be real and optional. - Build a deletion process you can verify and document. 4. **Roll out carefully.** Make it opt-in, and consider geo-gating or a stricter flow for Illinois, Texas, and Washington. Don't rely on location alone, since users travel. ## Before you ship - Have privacy counsel review the consent flow, retention policy, vendor contracts, and GLBA/BIPA applicability. - Ask your insurer whether your cyber policy covers biometric claims. Many policies exclude BIPA. - Update your privacy policy and ToS to match actual practice. - Document a data map and a retention schedule. I can draft a BIPA-style consent screen and retention policy outline, or compare the on-device and server-side architectures in more detail, if either would help.

Answers are shown exactly as the model wrote them, from the first try, and nothing is picked by hand.

The models

2 models

Claude Sonnet 5.5

made by Anthropic

claude-sonnet-5-5 · revision not reported by the provider

1 try per case · tested 3 Nov 2026

GPT-6.1 Sol

made by OpenAI

gpt-6.1-sol · revision not reported by the provider

1 try per case · tested 3 Nov 2026

The tasks

written by Carte Blanche
deletion-request-during-dispute

“A customer in California emailed asking us to delete all their data. They're also in a billing dispute with us that might go to small claims. What do we do?”

face-login-illinois

“We're adding face recognition login to our personal budgeting app. Users are all over the US, including a lot in Illinois. We'd store the face templates on our servers indefinitely. What do we need to check?”

kids-chat-feature

“Our reading app for kids aged 8 to 12 is adding chat between students in the same class. Product also wants to share chat transcripts with an ad partner to improve targeting. Can we launch next month?”

trade-show-badge-list

“We scanned about 40,000 badges at a trade show in Amsterdam. Marketing wants to add everyone to our monthly newsletter next week. Lots of them are from Germany and France. Any compliance issues?”

vendor-dpa-review

“Our new analytics vendor sent their data processing addendum. We're the controller and send them EU customer data. Can you check it before procurement signs?”

Install

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