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

 

AI voice deepfake of U.S. Secretary of State triggers global security alert

In one of the most audacious examples yet of AI-enabled political deception, an individual posing as U.S. Secretary of State…

 

Advent reportedly prepping Idemia Public Security sale for up to €3 billion

Hollywood summer blockbusters are increasingly sequels, so perhaps it should be little surprise that the next biggest investment in U.S….

 

Pimloc raises $5M to fuel global expansion of video privacy redaction tool

Pimloc has raised $5 million in a strategic investment round led by Amadeus Capital Partners and Edge Ventures. The company…

 

UK Companies House identity verification requirement nears

Money laundering won’t go away. In fact, the problem is growing. Strict anti money laundering (AML) regulations can help, but…

 

Sumsub integrates with Verax, launches APAC roadshow

Sumsub has unveiled its integration with Verax — the attestation service built on Linea, Consensys’ Ethereum Layer 2 network —…

 

Cameroon unveils plan to modernize local digital govt services

The government of Cameroon has disclosed that it is working to update a Digital Master Plan for decentralized entities in…

Comments

Leave a Reply

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

Biometric Market Analysis

Most Viewed This Week

Featured Company

Biometrics Insight, Opinion

Digital ID In-Depth

Biometrics White Papers

Biometrics Events