Facebook Faces Fight Over Privacy Violations
Illinois Facebook users brought a putative class action alleging the website's facial-recognition technology violates the Illinois Biometric Information Privacy Act (BIPA) by deploying it to gather and store its users’ biometric information without consent through its “Tag Suggestions” feature. Facebook challenged the application of the Illinois law and whether the class claims met the concrete injury-in-fact requirement of Article III. Noting that intangible injuries can still be “concrete,” the Ninth Circuit determined the development of a face template using facial-recognition technology without consent invades an individual’s private affairs and concrete interests. This satisfied the Article III injury requirement and supported class certification. Advancing this potentially ground-breaking case to the next stage of the litigation.