Illinois Users’ Face-Scanning Privacy Lawsuit Against Facebook Headed to Trial

This is a class action asserting that Facebook’s face recognition and scanning practices violate the Illinois Biometric Privacy Act rights of Illinois users. The court previously rejected Facebook’s arguments based on choice of law and standing, and certified a class. Facebook sought summary judgment that it did not violate the statute, that plaintiffs lack standing, that plaintiffs’ damages should be limited and require a showing of actual damages. The court says that it is unable to resolve any of these issues on summary judgment. Thus, the case looks like it’s proceeding to trial. The first and most interesting issue is whether Facebook’s scanning is covered by the statute. The statute covers the collection of “biometric identifiers or biometric information”. The parties focus on whether Facebook’s process collects scans of “face geometry”. Plaintiffs say it does, and Facebook says that its machine learning-based…

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