Keep up with the latest developments and legal issues in the telecommunications and emerging technology sectors, with exclusive access to a comprehensive collection of telecommunications law news,...
April 2 — Facebook Inc. is violating the Illinois Biometric Information Privacy Act through its Tag Suggestions feature that identifies a user's friends in uploaded photos, according to a proposed class action complaint filed April 1 in Illinois state court.
Plaintiff Carlo Licata said that Tag Suggestions, which launched in 2010, uses facial recognition software to “extract unique biometric identifiers” associated with users. He said Facebook “secretly amassed the world's largest privately held database of consumer biometrics data,” and the company hid its use of facial recognition software “on remote sections of its website.”
Facebook's autotagging feature attracted scrutiny from European Union privacy regulators, and the social networking giant agreed to discontinue the practice within the EU in 2012.
“This lawsuit is without merit and we will defend ourselves vigorously,” a Facebook spokeswoman told Bloomberg BNA April 3.
According to the complaint, Facebook is required under the Biometric Information Privacy Act, 740 Ill. Comp. Stat. 14/1, to inform users in writing that their biometric data are being collected and obtain consent from users for the collection of biometric data. The act also requires Facebook to share with users why it is collecting the data, how long it will keep the data, its retention schedule and guidelines for permanently destroying the data, the complaint said.
The lawsuit seeks an order declaring that Facebook violates the act and injunctive relief requiring the company to abide by the law's requirements. The proposed class seeks statutory damages of $5,000 for Facebook's intentional and reckless violation of the statute, or in the alternative, statutory damages of $1,000 for negligent violation of the Illinois law.
The proposed class is comprised of all Facebook users who had their “faceprints” collected while residing in Illinois.
Edelson PC represented the proposed class.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)