FB pixel

Six of eight claims in IBM biometric data privacy suit upheld as dismissal rejected

Six of eight claims in IBM biometric data privacy suit upheld as dismissal rejected
 

Two items of a motion to dismiss a biometric data privacy lawsuit by IBM have been granted, though a federal judge in Illinois rejected the rest of the motion, Law Street Media reports.

Northern District of Illinois Judge Charles P. Kocoras has ruled that the plaintiffs lack standing for their claim of a violation of the Biometric Information Privacy Act (BIPA) Section 15(a), which requires the publication of a retention schedule for biometric data collected. While violations of Section 15(b), which prohibits data from being collected without consent, creates standing through a procedural or statutory violation, 15(a) does not, according to the judgement. The plaintiffs’ injunctive relief claim was likewise dismissed, leaving five alleged BIPA violations and unjust enrichment in the claim.

IBM also argued that the extraterritoriality doctrine and dormant commerce clause invalidate the plaintiffs’ claims, though Kocoras ruled these arguments are premature. IBM argued that the suit is also invalid because it relates to photographs, which are excluded from BIPA, and that previous judgements in other cases that it is the photographs themselves, rather than processing the data they provide that is excluded, were incorrect. The judge rejected that argument as unpersuasive.

The complaint is based on the use of images gathered from Flickr for the Diversity in Faces dataset, and has been amended by the plaintiffs twice along the way.

Amazon and Microsoft are arguing in complaints alleging their use of the same dataset that BIPA does not apply to algorithm training conducted out of state.

Article Topics

 |   |   |   |   |   |   |   | 

Latest Biometrics News

 

Biometric ID cards remain foundational, but don’t count out fingerprint smart cards

Biometric national ID cards top the most-read news of the week on Biometric Update, between a contract in Cameroon for…

 

DHS and TSA adjust digital strategies with biometrics, facial recognition

U.S. government agencies are adapting in real time to a digital landscape transformed by AI, identity fraud, deepfakes and biometric…

 

Finger vein biometrics from Global ID deployed in Namibia’s fight against HIV

A new application of Global ID’s finger vein biometrics to help reduce HIV Infections among vulnerable young people is launching…

 

Bill allowing biometric age verification for booze sales moves to Missouri Senate

The Maryville Forum reports that Missouri retailers could soon perform age verification using biometric methods such as facial recognition or…

 

Victorians sign up for mobile driving licenses in droves but let down at the pub

Victoria reports 200,000 people signing up for mobile driving licenses (mDLs) within the first 48 hours of their introduction this…

 

Retail biometrics queues up from shopping malls to quick serve restaurants

Despite skepticism among American consumers, biometric payments in retail are about to have a moment, according to some experts. These…

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