Appeals Court Allows Illinois Users to Sue Facebook Over Facial Recognition
A federal appeals court rules that Facebook users in Illinois can move forward with a class-action lawsuit against the company over its facial recognition technology. The decision marks the first time a U.S. appellate court directly addresses the privacy risks of face surveillance.
A federal appeals court rules that Facebook users in Illinois can sue the company over its use of facial recognition technology, allowing a class-action lawsuit to move forward. The 9th Circuit U.S. Court of Appeals issues this decision as the first by a U.S. appellate court to directly address the privacy concerns posed by face surveillance. The ACLU argues that the ability to instantly identify and track people based on their faces creates an unprecedented risk of privacy violations.
Facebook states that it plans to ask the full circuit court to review the ruling from the three-judge panel. A company spokesman defends the social network by asserting that Facebook always discloses its use of face recognition technology and gives users the option to turn the feature on or off at any time. The legal case centers on accusations that the tech giant violates Illinois' Biometric Information Privacy Act through its photo tagging practices.
The court rejects Facebook's argument that users experienced no concrete harm, noting that intangible injuries can still be concrete. The judicial panel points to Supreme Court precedents stating that technological advances lead to new types of personal privacy intrusions. Ultimately, the judges determine that Facebook's technology directly invades an individual's private affairs and concrete interests.