FB pixel

Non-user lawsuit against Facebook under BIPA thrown out


A proposed consumer class-action lawsuit brought against Facebook by a non-user has been thrown out by a California federal judge, Law360 reports.

U.S. District Judge James Donato ruled that Frederick Gullen’s suit under Illinois’ Biometric Information Privacy Act (BIPA) depended on a single photograph of Gullen which was uploaded to an organization’s page by another individual, and that the suit cannot proceed because the page was not scanned by Facebook’s facial recognition software.

Gullen had brought the suit alleging that Facebook had collect his biometric data without the required permission. A Facebook software engineer submitted a declaration that the social media platform does not use its facial recognition capability on images uploaded to organizational accounts. Gullen sought a deferral of the judgement to allow for more discovery, but Donato rejected this request, noting that Facebook previously informed the plaintiff that it does not scan organizational pages.

“Gullen had ample opportunity to conduct discovery on organizational pages, and he has not shown that the discovery he now seeks was in any way unavailable to him in the normal course of litigation,” Donato said.

In a suit originally brought by three Facebook users and subsequently combined, Donato recently ruled against the social media giant, allowing it to proceed to trial on grounds that by removing biometric data from the users’ control, Facebook had caused legal harm to their property interest under BIPA, regardless of “real world harms.”

Article Topics

 |   |   |   | 

Latest Biometrics News


Biometrics developers dance with data privacy regulations continues

Biometrics controversy and investments are often found side by side, as seen in many of this week’s top stories on…


EU AI Act should revise its risk-based approach: Report

Another voice has joined the chorus criticizing the European Union’s Artificial Intelligence Act, this time arguing that important provisions of…


Swiss e-ID resists rushing trust infrastructure

Switzerland is debating on how to proceed with the technical implementation of its national digital identity as the 2026 deadline…


Former Jumio exec joins digital ID web 3.0 project

Move over Worldcoin, there’s a new kid on the block vying for the attention of the digital identity industry and…


DHS audit urges upgrade of biometric vetting for noncitizens and asylum seekers

A recent audit by the DHS Office of Inspector General (OIG) has called for the Department of Homeland Security (DHS)…


Researchers spotlight Russia’s opaque facial recognition surveillance system

In recent years, Russia has been attracting attention for its use of facial recognition surveillance to track down protestors, opposition…


Leave a Reply

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

Most Read This Week

Featured Company

Biometrics Insight, Opinion

Digital ID In-Depth

Biometrics White Papers

Biometrics Events