Facial recognition software is all the rage these days, from unlocking your iPhone to unlocking doors at your place of business to allowing you access to theme parks with your season pass. As creepy as biometrics often seems to the general public, it is not a violation of privacy. Google won a major biometrics lawsuit in Illinois federal court this week, based on a challenge under Illinois Biometric Information Privacy Act. Facebook still faces a similar legal challenge, but Google is off the legal hook.

Google’s facial recognition software is imbedded in its Google Photos app. This software analyzes faces that are uploaded in users’ photos, and can recognize unique characteristics, including gender, race, age, and location. Users can then easily search through their photos to find other pictures of specific people or places. The company has yet to use the analysis for anything other than a fun “Search” function for users, but does admit there are interesting monetization applications that could tie into it.

Illinois’ BIPA Law

Plaintiffs in this lawsuit claimed Google’s software violated their rights under Illinois Biometric Information Privacy Act (BIPA). Under BIPA, private companies cannot collect or store biometric identifiers, including face geometry, without the prior written consent of the person or provided disclosures. Illinois has become a hotbed for facial recognition controversy, since this is the only law in America that allows for statutory damages: $1,000 per negligent violation and $5,000 per intentional or reckless violation, as well as attorneys’ fees.

Plaintiffs claimed that the photos taken with Android devices and uploaded to Google Photos, which uses the face analyzer, unlawfully created a scan of their face without their consent. One plaintiff acknowledges the photos were taken with his own phone, but the other plaintiff claimed the photo was taken with someone else’s phone. But that didn’t seem to matter.

If you believe facial recognition software has in some way violated your rights, contact a consumer protection attorney. Though Illinois is the only state that provides for statutory damages, other states have laws that limit what companies can do with your facial data.

Related Resources:

  • Find a Consumer Protection Attorney Near You (FindLaw’s Lawyer Directory)
  • Can Your Company Avoid Biometric Privacy Lawsuits? (FindLaw Free Enterprise)
  • Biometric Privacy Lawsuits Are on the Rise (FindLaw In House)

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