As discussed in past posts about the long-running Facebook biometric privacy class action, users are challenging Facebook’s “Tag Suggestions” program, which scans for and identifies people in uploaded photographs for photo...more
6/1/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Certification ,
Data Collection ,
Data Privacy ,
Dormant Commerce Clause ,
Extraterritoriality Rules ,
Facebook ,
Facial Recognition Technology ,
Photographs ,
Private Right of Action ,
Standing
This week, the District Court for the Northern District of California dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site...more
4/6/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Extraterritoriality Rules ,
Facebook ,
Facial Recognition Technology ,
Motion to Dismiss ,
Photographs ,
Standing ,
Summary Judgment
This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”),...more
3/5/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Motion to Dismiss ,
Photographs ,
Spokeo v Robins ,
Standing ,
VPPA
A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more
We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more
We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some...more
3/3/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Google ,
Information Technology ,
Motion to Dismiss ,
Photographs ,
Putative Class Actions ,
Social Media ,
Technology Sector
Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and...more
Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a...more
As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). ...more
As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA). ...more
As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,...more
10/16/2015
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Databases ,
Facebook ,
Facial Recognition Technology ,
Injunctions ,
Motion to Dismiss ,
Personal Data ,
Photographs ,
Popular ,
Putative Class Actions ,
Shutterfly ,
Statutory Damages