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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