Texas Attorney General Ken Paxton has filed a claim against Meta, Facebook’s parent company, under his state’s Capture or Use of Biometric Identifier Act (CUBI) in connection with the company’s facial recognition practices.

Key points:

• Illinois’ Biometric Information Privacy Act (BIPA) is not lonely at the top anymore. This shows that claims can and will be filed even if the law does not facilitate a private right of action of individuals.
• Under the complaint, Facebook allegedly derived biometric information from photos and videos uploaded into the system, both of the Facebook users but also of the individuals (non-users) who happened to be included in the photos/videos.
• Facebook used the biometric information to train and improve its facial recognition technology.
• The causes of action are: the collection of biometric identifiers without consent, sharing it with third parties, failure to destroy the identifiers within a reasonable time and misleading individuals with respect to such practices.

Read the complaint here.

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