Tuesday, May 15, 2018

You’re Tagged: Did Facebook Violate Your Privacy Rights?


Who owns your facial image? Illinois has a strict privacy law that prohibits collection of biometric information without a person’s consent (there are exceptions).
Facebook has a face-scanning technology.  On Monday, a federal judge in California certified a class action lawsuit on behalf of Illinois Facebook users alleging that the social media giant unlawfully collects biometric data from the tagging of their photos.
One defense put forward by Facebook is that plaintiffs cannot show an “actual injury”—a concept that the Supreme Court endorsed in a recent decision called Spokeo.
Spokeo utilizes web tools to aggregate data—for example, your name, email, phone number, username or address. The firm aggregates information from public records and does not do original research into personal data. Marketing firms can use this information for commercial gain.
Larry Poneman sued Spokeo alleging, among other things, that the site led to cyberstalking. In 2016, the Supreme Court ruled that Poneman and others had no standing to sue because they could show no "actual injury."
This illustrates the uphill climb facing Facebook plaintiffs. They say that Facebook cannot—without their consent— collect scans of facial geometry.
Illinois’ Biometric Information Privacy Act authorizes damages of $1,000 for negligent violations of the law, and $5,000 for intentional or reckless violations. Stay tuned for updates.

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