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FaceTec beats BIPA accusations

Software providers who do not possess biometric data not liable under law
FaceTec beats BIPA accusations

FaceTec has been quietly dropped from allegations of wrongdoing under Illinois’ Biometric Information Privacy Act, in recognition of its role as a provider of software to clients who only themselves handle biometric data.

The company responded to the allegations that it had violated BIPA by not obtaining informed, written consent and publishing policies related to biometric data storage and use with a motion explaining how its technology works. Because FaceTec provides its software to clients, which is the entity that stores and processes people’s biometric data, it does not take on responsibility under BIPA.

Plaintiff’s counsel responded by dropping FaceTec from the complaint.

Biometric Update was informed in an email that according to the company’s chief legal officer, FaceTec provided irrefutable proof that it does not collect or process any personally identifiable information from end-users, and therefore BIPA’s requirements do not apply to it. Further, Plaintiff’s counsel reviewed the information provided and voluntarily dismissed the case consistent with their ethical obligations and the facts that FaceTec had set forth. More information is expected to follow.

Some of FaceTec’s competitors operate on a software-as-a-service model, with data from customers’ users uploaded to their server. These companies may therefore be liable under BIPA.

Biometrics providers have been among the numerous businesses paying out settlements, including Jumio, which appears to have settled for $7 million in part to protect its clients from further litigation.

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