FB pixel

Non-profit legal firm argues Supreme Court should throw out biometric privacy suit against Facebook

Non-profit legal firm argues Supreme Court should throw out biometric privacy suit against Facebook
 

The Washington Legal Foundation (WLF) has filed an amicus curiae brief with the U.S. Supreme Court, urging the body to accept Facebook’s petition for a review of a decision by the Ninth Circuit to allow a class-action suit filed against the company under Illinois’ Biometric Information Privacy Act (BIPA) to move forward.

The brief blasts the decision to permit what it characterizes as a “no-harm class action,” and says that certifying the suit practically eliminates the standing requirement under Article III of all cases relating to privacy. The incentive to file dubious claims, and pressure to settle potentially enormous claims, “is corrosive to our civil justice system,” the WLF writes.

Whether Article III standing can exist without “a personal, real-world injury from the alleged statutory violation” is examined in the brief, with reference to precedence from 18 cases, along with several articles, including one titled ‘The Invention of the Right to Privacy,’ which shows that there is not long-standing historical basis for privacy rights.

WLF argues that review by the Supreme Court is necessary to ensure an ahistorical exception to Article III requirements, and “to stem the tide of abusive class actions invited” by the precedence it would set.

BIPA lawsuits have undeniably been increasing greatly in number over the course of the year, though none carries with it the Facebook suit’s potential for $30 billion in damages in the case of reckless or intentional violations, or $6 billion for accidental violations.

On filing its appeal to the Supreme Court, Facebook argued that the plaintiffs have failed to show harm because they have not alleged they would have done anything differently if they had received a different disclosure than the one Facebook provided them with. One plaintiff has allegedly continued using the service he or she is suing over.

WLF is a public-interest law firm and legal policy center that advocates for corporate freedoms.

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…

Comments

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