Judge rules BIPA suit against Facebook can proceed with class action certification

A lawsuit against Facebook will continue with class action certification after U.S. District Court Judge James Donato found it the most efficient way to resolve the dispute over the creation and storage of “face templates” using uploaded photos, CNET reports.

A spokesperson for Facebook said the company is reviewing the ruling.

Facebook recently won a ruling against a non-user of the social media website in a suit under Illinois’ Biometric Information Privacy Act (BIPA), and the company is lobbying legislators as they consider amending the state law.

While BIPA requires consent for collection of biometric information including “hand or face geometry,” Facebook claims the suit has no merit, as the law does not apply to the data it collects.

A trial in the suit originally brought separately by three plaintiffs has been scheduled for July 9 after Judge Donato ruled improper biometric data collection caused harm to user’s property interests.

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