FB pixel

Shutterfly slapped with class action lawsuit over facial recognition use

 

A Chicago man has filed a class action lawsuit against Shutterfly over allegations that the photo-book service is violating a law that restricts the way that companies gather biometric data, according to a report by Fortune.

Brian Norberg is seeking at least $5 million in damages, on behalf of those people whose faces have been added to the Shutterfly database without their consent.

Filed Wednesday in Illinois federal court, the lawsuit follows recent criticism over the use of facial recognition technology by companies to create “faceprints,” which provide a unique identifier based on the facial patterns of an individual.

Companies like Shutterfly and Facebook use faceprints to tag photos, however, the technology could potentially violate privacy laws because it can be used to identify an individual either online or in public.

In the lawsuit, Brian Norberg claims he has never used Shutterfly but that another individual uploaded his photo and “tagged” it with his name.

This subsequently led the company to add Norberg’s face to its biometrics database, and create a unique profile based on the biometric data.

A few months later, the other individual uploaded more photos of Norberg and Shutterfly automatically recognized images of him, the lawsuit claims.

Norberg claims that Shutterfly violated an Illinois state law that states that all companies must notify people when collecting and using their biometric data.

The class action suit seeks $1,000 or $5,000 for every Illinois resident whose face was added to Shutterfly’s database.

The case is similar to a separate class action lawsuit filed against Facebook in March, which claims that the social network giant first began violating the Illinois Biometric Information Privacy act of 2008 in 2010 in a “purported attempt to make the process of tagging friends easier.”

Both the Shutterfly and Facebook lawsuits were filed in Chicago because Illinois, along with Texas, are the only two states with a law that places restrictions on how companies can use biometric data.

Previously reported, Facebook recently rolled out a new service called “Moments” that expands the use of its “faceprint” technology, however, the feature will not be launched in Europe any time soon.

Article Topics

 |   |   |   |   |   | 

Latest Biometrics News

 

IOM and Japan back biometrics at Sri Lanka ports of entry

Biometric technology use continues to grow at airports around the world. Air transport industry IT provider SITA predicts that by…

 

The UK’s election may spell out the future of its national ID cards

Identity cards are back among the UK’s top controversial topics – thanks to the upcoming elections and its focus on…

 

Challenges in face biometrics addressed with new tech and research amid high stakes

Big biometrics contracts and deals were the theme of several of the stories on that drew the most interest from…

 

Online age verification debates continue in Canada, EU, India

Introducing age verification to protect children online remains a hot topic across the globe: Canada is debating the Online Harms…

 

Login.gov adds selfie biometrics for May pilot

America’s single-sign on system for government benefits and services, Login.gov, is getting a face biometrics option for enhanced identity verification…

 

BIPA one step closer to seeing its first major change since 2008 inception

On Thursday, a bipartisan majority in the Illinois Senate approved the first major change to Illinois Biometric Information Privacy Act…

Comments

12 Replies to “Shutterfly slapped with class action lawsuit over facial recognition use”

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Most Read From This Week

Featured Company

Biometrics Insight, Opinion

Digital ID In-Depth

Biometrics White Papers

Biometrics Events