The Internal Revenue Service announced in November 2021 that it would use facial recognition technology offered by ID.me to authenticate taxpayers before using any online services the IRS provides, including viewing accounts, making online payments, or updating personal information. The IRS expected taxpayers to create an ID.me account no later than summer of 2022 by uploading a “video selfie” to register.

Thankfully, privacy advocates and some members of Congress pushed back, raising concerns that: 1) a third party would hold and maintain millions of individuals’ biometric information and questioning the ability of that third party to ensure the security of the information; 2) the use of facial recognition is not reliable and it often “misidentifies women, people of color and gender-nonconforming individuals;” and 3) the need for a smartphone or other technology “creates undue hurdles for economically disadvantaged Americans, seniors and other groups.”

The IRS reversed its course on February 7, 2022, and issued a brief press release stating that it would “transition away from use of third-party verification involving facial recognition” over the coming weeks, and “will quickly develop and bring online an additional authentication process that does not involve facial recognition.”

Hopefully the new authentication process will be as easy as it was to order home COVID-19 tests from the postal service. That process was amazing and didn’t require the uploading of any biometric information.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.