Google files for biometric privacy suit dismissal, FaceFirst response extension granted in similar case
Google has filed a pair of motions, seeking a stay or the dismissal of a biometric privacy lawsuit against it based on use of the Diversity in Faces training dataset to tune its biometric facial recognition algorithms.
The motion to dismiss is based on the argument that Illinois’ Biometric Information Privacy Act (BIPA) does not apply either to photographs or to actions outside of the state, both of which apply to the plaintiffs’ allegations. The allegations do not include the dataset being created in Illinois, shared or used in the state, Google’s representatives write, and the only connection to the state is that the plaintiffs uploaded photographs to Flickr from devices in Illinois.
Google further argues that it did not actually collect the data that BIPA applies to.
Similar allegations have also been brought against IBM, which created the database to fight bias in the technology, Clearview AI, Amazon, Microsoft, and FaceFirst. IBM recently won a partial victory in its suit, though six of eight claims were rejected. The charges were filed against all companies in Washington state and California federal courts in July.
The motion to stay requests the case by put on hold pending a decision against IBM in Illinois court is resolved, Law360 reports. That ruling “will simplify the factual and legal issues” involved, and a stay would avoid duplicating discovery and mitigate the risk of inconsistent decisions.
Law360 also notes that FaceFirst has received an extension to respond to the complaint against it until October 23.