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OnlyFans sued over biometric data privacy allegations

McDonald’s BIPA suit splits in half
OnlyFans sued over biometric data privacy allegations

In its attempts to keep its platform free of underage pornography, OnlyFans has run afoul of Illinois’ Biometric Information Privacy Act (BIPA), according to potential class action allegations filed in Cook County Circuit Court and reported by the Cook County Record.

OnlyFans put a system in place to verify the age and identity of its content creators in response to mounting concern over underage pornography, which was investigated last year by the BBC using Yoti’s facial age estimation technology.

The selfie biometric process the company uses has resulted in the collection of face biometrics from Illinois residents, according to the complaint by named plaintiff Jane Doe.

The Record notes that BIPA cases alleging biometric data privacy violations on the part of employers that have been settled have ranged from hundreds of thousands of dollars in damages to $25 million.

McDonald’s suit partially remanded

A lawsuit against McDonald’s franchisee for its use of voice biometrics at its drive-thrus has been split into trials at the state and federal levels by a federal court judge in Illinois, The National Law Review reports, after the public disclosure and unlawful profit claims were found to lack standing in federal law.

Judge Charles R. Norgle ruled in Carpenter v. McDonald’s Corporation in favor of the plaintiff’s motion to remand claims under BIPA Sections 15(a) and 15(c), which specify violations for collecting biometrics without consent and profiting from biometrics distribution, respectively, to state court. The plaintiff’s claims under 15(b) (failure to secure biometric data) and 15(d) (disclosure of biometric data) will be heard in federal court.

McDonald’s sold its voice biometrics unit to IBM just weeks ago.

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