Court Rules that Users have Standing to Sue Facebook about Facial Recognition

The Northern District of California has ruled that Facebook users have standing to pursue a class action challenging Facebook's use of facial recognition software. The court said that the Illinois Biometric Information Privacy Act requires plaintiffs only to show that Facebook has unlawfully collected their biometric data without their consent. Facebook sought to dismiss the suit by arguing that the Supreme Court's decision in Spokeo v. Robins required the plaintiffs to show additional harm. EPIC submitted a friend-of-the-court brief in Spokeo, arguing that courts should not second-guess privacy laws. The Ninth Circuit Court of Appeals recently agreed with EPIC that internet users have standing when a company has disclosed their personal information in violation of the Video Privacy Protection Act.

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