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Google is the latest company accused of violating the state’s
Biometric Information Privacy Act by using images of those who
used Google photos.
More than 400,000 residents are expected to get a cut of a $100
million settlement from Google after a federal judge approved
the terms.
Illinois is one of just a few states in the country that has a
law requiring companies to get consumers’ consent before
collecting their biometric data, and it's seen as the toughest
in the nation.
BIPA came about due to concerns over data collected by a
bankrupt fingerprint-scanning company. Lawmakers worried the
data gathered by Pay By Touch, which had been available in
grocery stores in the Chicago area, could eventually be sold.
Companies found to have “intentionally or recklessly” violated
BIPA may owe up to $5,000 for each violation and those found to
have violated the law due to negligence may owe up to $1,000 per
violation.
Facebook, SnapChat and TikTok have settled similar cases with
Illinois residents. Last month, a class-action complaint was
filed against Walmart, alleging the store’s video surveillance
obtains biometric data from its customers.
Adam Schwartz, senior lawyer with the Electronic Frontier
Foundation, said after several companies settled lawsuits, they
are changing company policies because of the strict privacy laws
in Illinois.
“In response to all of this, Facebook chose to get out of the
business of taking faceprints of photos that were being uploaded
into their system,” Schwartz said. “I think a lot of businesses
in Illinois are becoming aware of it and they will stop
collecting biometrics from people without their permission.”
Those affected by the Google lawsuit are expected to receive
around $150. If there are no appeals in the case, eligible
participants could receive payments within 90 days.
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