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USA court ruled out Facebook Inc.'s appeal on facial recognition technology

USA court ruled out Facebook Inc.'s appeal on facial recognition technology”

Or a biometric face template could be used to unlock the face recognition lock on that individual's cell phone.

"We plan to seek further review of the decision", a Facebook spokesperson said in a statement to The Verge. "The capability to instantaneously identify and track people based on their faces raises chilling potential for privacy violations at an unprecedented scale".

As outlined in prior posts about the long-running Facebook biometric privacy class action, users are challenging Facebook's "Tag Suggestions" program, which scans for and identifies people in uploaded photographs for photo tagging (note: the class consists of Facebook users located in IL for whom Facebook created and stored a face template after June 7, 2011)). This decision puts both corporations and law enforcement agencies on notice that face surveillance technology poses unique risks to people's privacy and safety. Judge Sandra Ikuta wrote in an opinion that "the facial-recognition technology at issue here can obtain information that is 'detailed, encyclopedic, and effortlessly compiled, ' which would be nearly impossible without such technology".

"We conclude that the development of face template using facial-recognition technology without consent (as alleged here) invades an individual's private affairs and concrete interests". The ruling stated that the "technology at issue here can obtain information that is 'detailed, encyclopedic, and effortlessly compiled, ' which would be nearly impossible without such technology".

The Illinois users filed suit back in 2015 after they say Facebook violated the Illinois Biometric Information Privacy Act, which requires that consent be obtained before gathering anyone's biometric data.

In 2011, Facebook launched a feature called "tag suggestions".

Explaining why Facebook could be interested in such a technology, Siva Vaidhyanathan said that the company wants to lead the identity verification market on the internet. A requirement that a person must demonstrate monetary loss or similar injury in order to sue would seriously undermine BIPA's intent to safeguard against abusive collection of biometric data in the first place.

In such worrying circumstances, Facebook wants to double up as a financial services provider with its new cryptocurrency. "We have always disclosed our use of face-recognition technology and that people can turn it on or off at any time".

Under BIPA, each user affected by Facebook's unlawful biometric collection could be entitled to damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation.

Facebook has lost a federal appeal in a lawsuit over facial recognition data, setting the company up to face a massive damages payment over its privacy practices.



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