Google allegedly violated Illinois users’ privacy rights by actively collecting, storing and using without authorization the facial templates of millions of individuals who appear in pictures uploaded to Google Photos, according to a class action lawsuit filed in Illinois.
According to the lawsuit, the cloud-based Google Photos app comes pre-installed on all Android devices and automatically uploads every photo taken by a device user. However, Android users were unaware that Google scans each and every photo uploaded to Google Photos to extract the facial geometries of the individuals in the pictures.
Illinois’ Biometric Privacy Law
Illinois has one of the strictest biometric privacy laws in the country. The Illinois Biometric Privacy Act (BIPA) makes it unlawful for private entities to obtain and/or possess an individual’s unique biometric information (such as fingerprints, voiceprints or facial scans) without prior consent from consumers.
The law requires vendors to develop a written policy indicating how data is collected, the purpose of such collection, and to indicate when the information will be destroyed. BIPA also demands the written consent of individuals for their biometric markers to be collected and stored.
The case claims, however, that Google never satisfied any of the above-listed requirements before capturing, storing and using state residents’ facial templates.
Who Does This Case Look to Cover?
The class action lawsuit aims to cover all similarly-situated individuals to prevent Google from further violating class members’ privacy rights and to recover statutory damages for Google’s unauthorized collection, storage, and use of these individuals’ biometrics in violation of BIPA.
It’s important to mention that you do not have to do anything to “join” a class action lawsuit. If you fit within the definition of the group of people the suit looks to cover, then you’re “included” in the lawsuit.
It can take months or years for a lawsuit to move from just-filed to either a settlement or dismissal. After the lawsuit has been resolved, covered individuals should be notified with instructions on how to file a claim or object or opt-out of the deal.
By the way, recently Facebook has agreed to pay $550 million to settle claims in Illinois that the company violated local laws on facial recognition technology.
