Biometric data privacy claims proceed against Meta and Google, Jumio settlement protects client
A biometric data privacy suit brought against Meta by non-Facebook users is advancing to trial after U.S. District Court Judge James Donato approved one of two claims against it under the Illinois Biometric Information Privacy Act (BIPA), Courthouse News Service reports.
Donato, who also presided over Facebook’s class action from its users and its $650 million settlement, ruled that one of plaintiff Clayton Zellmer’s claims on behalf of people without Facebook accounts who appear in photos uploaded by others should continue to trial, rejecting Meta’s motion to dismiss.
The judge agreed with Meta that collecting informed consent from all non-users, with whom it has no relationship, is absurd, quashing a claim under BIPA. The company is not free from obligations to post data retention and destruction policies, however.
Whether Facebook used non-user’s facial images as probe data for biometric searches, and if that violates BIPA, are matters for a trial to determine, Donato writes.
Google to face children’s biometric collection claims
Like Meta, Google has been denied in a bid to dismiss claims against it under BIPA which stem from alleged biometrics collection by its ‘G Suite for Education,’ Law360 writes.
The plaintiffs allege that Google collected children’s biometrics without receiving the requisite consent from parents, but the tech giant argued that the Illinois Student Online Personal Protection Act pre-empts BIPA. U.S. District Court Judge Sara Darrow ruled the motion premature, as the question of whether parental consent is required should be heard at trial.
Jumio settlement protects client WeWork
The language in Jumio’s biometric data privacy settlement in Illinois is neither unusual nor ambiguous, and also applies to its customers, a federal judge has ruled.
The Cook County Record explains that a potential class action filed against Jumio client WeWork has therefore been dismissed with prejudice, meaning plaintiffs can appeal the ruling, but not simply amend and refile the suit.
A Jumio representative told Biometric Update when the company agreed to the settlement that it was working with customers to keep them on the right side of the regulation.
U.S. District Judge Edmond Chang made reference to transcripts from the settlement proceedings, in which Jumio’s attorneys noted that the settlement deal depended on the breadth of the agreement.
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