(credit: Marco Paköeningrat)
Last week, a Northern California District Judge ruled that Facebook will have to face a class action lawsuit (PDF) from Illinois Facebook users who are unnerved by the site’s photo-tagging feature that relies on facial recognition to suggest people to tag.
The plaintiffs argue that the feature runs afoul of Illinois’ Biometric Information Privacy Act (BIPA), which was passed in 2008 and restricts how private companies are allowed to collect biometric data.
The lawsuit had been transferred from an Illinois court to one in California at Facebook’s request. The social media company then asked the judge to dismiss the case, saying that the plaintiffs had no grounds to sue given that Facebook’s Terms and Conditions have stipulated since 2015 that claims against the company must be litigated according to California law, where no such provision against biometric tagging exists.
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