Facebook could have to pay yet another multi-billion dollar fine after losing an appeals court decision on Thursday regarding the company’s use of facial recognition data.
The 3-0 decision against the social media giant in the Ninth Circuit Court of Appeals was over a 2015 class action lawsuit that claimed the company violated the Illinois Biometric Information Privacy Act, according to court documents.
The Illinois law requires a company’s disclosure when it uses biometric data, which includes face scanning.
Facebook used facial recognition technology in its tag suggestions feature, which recognized people’s faces in photos and suggested you tag their profiles, without user consent.
“We conclude that the development of a face template using facial-recognition technology without consent (as alleged here) invades an individual’s private affairs and concrete interests,” the court stated in Thursday’s decision.
According to Reuters, Facebook could end up paying yet another hefty fine — potentially billions of dollars — if the decision stands, since the facial recognition violation could have affected millions of users.
Facebook — inarguably the world’s largest facial database — has a lost a federal appeal in a class-action lawsuit that claimed it illegally collected and stored biometric data of millions of users without their consent.
The lawsuit began in 2015 when Illinois-based Facebook users sued the company for violating the state’s Biometric Information Privacy Act (BIPA), which mandates that companies develop a public “written policy” before such data is collected and stored, and establish a retention schedule after which the said biometric identifiers will be destroyed.
Facebook’s contravention stems from its “Tag Suggestions” feature that lets you automatically tag your friends in photos uploaded to the service.
The technology analyzes the details of people’s faces in the photos — the distance between their eyes, their nose, and other features — to create a face template that can be used to identify them in other photos.
The plaintiffs argued the company’s facial recognition feature failed to meet the requirements of the law.
In a 3-0 decision, the 9th U.S.
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