Facebook Facial Tagging Biometric Lawsuit Moves Forward

0 Flares Twitter 0 Facebook 0 Google+ 0 LinkedIn 0 Email -- 0 Flares ×

Facebook Facial Tagging Biometric Lawsuit Moves Forward

By Dawn Kawamoto

A federal district court denies Facebook's request to dismiss a case that alleges that the social media giant violated Illinois biometric privacy laws with its photo-tagging feature.

Facebook has lost the first round in a legal fight that alleges that the social media giant's photo tagging violates privacy rights.

A federal court in San Francisco has ruled that Illinois biometric privacy laws trump California laws, even if users have signed a terms of use agreement that states California laws would apply. The ruling may set a precedent that Illinois strict biometric privacy laws could override other state laws, a potentially significant issue as facial recognition becomes more pervasive in its use by Facebook and other tech titans.

A US District Judge James Denato said on Thursday that plaintiffs Nimesh Patel, Adam Pezen, and Carlo Licata can move forward in their Facebook biometric information privacy lawsuit. Although the plaintiffs are Illinois residents who filed in Illinois, all parties in the case agreed to transfer the case to the US District Court of Northern District of California, according to court documents. Donato denied Facebook's request to dismiss the case and set a case management conference for June 15.

The lawsuit, filed in 2015, argued that Facebook “amassed users' biometric data secretly and without consent,” according to a PDF of court documents obtained by InformationWeek. The parties specifically cited Facebook's use of its Tag Suggestions program, in which users can upload photos to their Facebook account and tag the photos with an individual's identity.

According to the lawsuit, the parties filed their class action lawsuit under the Illinois Biometric Information Privacy Act (BIPA ). Facebook had argued that the plaintiffs had signed a user agreement that stipulated California state laws would govern the agreement. But Donato ruled the contractual choice of law would not apply.

Although the judge noted that further facts in the case may emerge that could affect the plaintiff's BIPA claims, for now the court accepts their allegations that Facebook's face recognition technology involves scanning a person's face geometry and does it without the plaintiff's consent.

The plaintiffs are seeking a jury trial and $75,000 in damages.

Read full article and learn more about Privacy Policy here.

Here’s How To Make Sure You,
Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.

The training is titled: 3 Tragic (Legal) Privacy Policy List Building Mistakes That Can Get You In Hot Water With The FTC Today – Resulting In Your Business Being Shut Down… And How To Solve It!

Here are some of the things you’ll discover on the training:

  • Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too
  • Why 2014 Was a Significant Year For Online Businesses, And Why You Should Be Worried!
  • The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!
  • How to Avoid FTC Claims When Collecting Leads With Optin Forms
  • 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You're In The FTC Crosshairs.
  • And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

 

0 Flares Twitter 0 Facebook 0 Google+ 0 LinkedIn 0 Email -- 0 Flares ×