Tech Giants Accused of Violating Illinois Biometric Privacy Law
Two Illinois residents have filed lawsuits against Microsoft, Amazon, and Google’s parent company Alphabet, alleging the tech companies violated state biometric privacy laws by using their facial images without consent. The cases could have significant implications for facial recognition technology and data privacy regulations.
Key Allegations in the Lawsuits
- Plaintiffs Steven Vance and Tim Janecyk claim their facial images appeared in IBM’s “Diversity in Faces” database without permission
- The images were allegedly used to train facial recognition systems at all three companies
- Lawsuits cite violations of Illinois’ Biometric Information Privacy Act (BIPA), one of the nation’s strictest biometric privacy laws
What the Plaintiffs Are Seeking
The lawsuits, which seek class action status for all affected Illinois residents, demand:
- $5,000 per violation of BIPA
- An injunction preventing further use of Illinois residents’ biometric data
- Destruction of all unlawfully collected facial recognition data
Understanding BIPA: Illinois’ Landmark Privacy Law
Passed in 2008, the Biometric Information Privacy Act (BIPA) requires:
- Explicit consent before collecting biometric data (including facial scans)
- Clear disclosure of data retention policies
- Prohibition on profiting from biometric data
“These lawsuits represent growing public concern about unchecked facial recognition technology,” notes privacy legal expert [name]. “BIPA has become a significant legal hurdle for tech companies accustomed to minimal data collection restrictions.”
Precedent-Setting Cases
The lawsuits follow other high-profile BIPA cases:
- Facebook: Paid $550 million in 2020 to settle similar allegations
- Snapchat, Google, Shutterfly: Faced comparable lawsuits in recent years
A 2019 federal appeals court ruling established that facial recognition templates qualify as protected biometric data under BIPA, rejecting Facebook’s argument to the contrary.
The Controversial IBM Dataset
The lawsuits highlight ethical concerns surrounding IBM’s “Diversity in Faces” database:
- Compiled from 100+ million Creative Commons-licensed Flickr photos
- Marketed for academic research but allegedly used commercially
- Raises questions about using open-license images for facial recognition without subject consent
Why This Matters
These cases underscore:
- The growing legal risks of facial recognition technology
- The lack of comprehensive federal privacy laws in the U.S.
- Increasing public scrutiny of biometric data practices
As one legal analyst observes, “Illinois’ BIPA has unexpectedly become America’s de facto biometric privacy standard through these high-profile cases.”
What’s Next for Facial Recognition Regulation?
The outcomes could:
- Influence other states considering similar laws
- Pressure Congress to enact federal biometric privacy standards
- Force tech companies to overhaul facial recognition development practices
With facial recognition becoming both more advanced and more controversial, these Illinois cases may mark a turning point in how America regulates biometric technology.
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