Who should be held liable when a person’s biometric data — their facial features, voice or fingerprints — is misused?
Illinois is home to some of the strongest consumer privacy regulations in the country, including its rules governing the use of biometric data.
Perhaps you were one of the folks who got a check from Facebook after a class-action lawsuit alleging violations of Illinois’ 2008 Biometric Information Privacy Act. Facebook’s “Tag Suggestions” feature used facial recognition to scan users’ uploaded photos, creating “face templates” or biometric identifiers.
Plaintiffs said this happened without the required written consent or publicly available retention/destruction policy. In February 2021, the case was resolved with a court-approved $650 million class-action settlement — wide