FB pixel

Judge keeps biometric data privacy lawsuit against Jumio alive ‘for now’

Judge keeps biometric data privacy lawsuit against Jumio alive ‘for now’
 

A U.S. district court judge has declined to dismiss a biometric data privacy lawsuit against Jumio, but acknowledged that the arguments brought by the company may be sufficient to defeat the claims against it at a later stage in the proceedings.

Jumio provides biometric identity verification for Binance as part of its onboarding procedure for crypto-trading customers.

The plaintiff claims Jumio violated Illinois’ Biometric Information Privacy Act by not collecting his informed consent prior to capturing his biometrics.

Jumio argued that the claims by Illinois resident Cory Davis fail because BIPA does not apply to financial institutions, which include Binance, or to businesses that operate extraterritorially. The plaintiff does not allege any relevant activity by Jumio within Illinois, the company says.

Judge Andrew R. Wood writes in her decision (via Bloomberg Law) that while Binance may be a financial institution, the fact must be established, which Binance’s own claim and registration with regulator FinCEN do not on their own do. If a “cryptocurrency marketplace” counts as a “financial institution,” however, the case against Jumio is doomed.

“That is a determination more appropriately made with the benefit of discovery at the summary judgment stage of the proceedings,” writes Wood.

Similarly, allegations by the plaintiff, plus additional facts submitted afterword, make it plausible that Jumio was conducting business transactions in the state, when viewed “in the light most favorable to Davis.”

“The Court acknowledges that discovery may reveal that the connection to Illinois is sufficiently tenuous as to warrant revisiting the matter at the summary judgment stage of the proceedings,” Wood writes. “But for now, Davis’s claim survives.”

Article Topics

 |   |   |   |   |   | 

Latest Biometrics News

 

UK gov’t introduces new digital identity verification services bill

The UK government has announced a coming identity verification services bill that will support digital ID products and services from…

 

EES launch postponed to November, EU’s biometric border app may still not be ready

A smartphone app designed to streamline queues for the EU’s upcoming border checks will not be available in time for…

 

US government transitions Veteran’s Affairs, IRS to Login.gov or ID.me

The U.S. Department of Veterans Affairs (VA) says it will implement a more streamlined login process for veterans to access…

 

Data breach raises questions about Fractal ID’s decentralized identity architecture

A data breach at decentralized digital identity verification provider Fractal ID has exposed the ID documents and facial images of…

 

Physical IDs no longer mandatory in Azerbaijan, where 65% use digital identity

Physical and digital IDs have reached parity in Azerbaijan, where the government has announced that identity information provided through the…

 

Recfaces argues biometric data privacy rule carries Olympics security risk

RecFaces is calling for facial recognition technology (FRT) to be used as a key security measure to protect critical infrastructure…

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