Apple Must Face Claim App Violates Illinois Biometric Law (1)

Apple Inc. will have to face a class action claiming the facial recognition feature in its Photos app violates the Illinois Biometric Information Privacy Act, an Illinois federal court said.

Although the opinion by Chief Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois sent two BIPA claims back to state court for lack of jurisdiction, the plaintiffs’ claim that the app violates the statute by collecting and storing their biometric identifiers and information without consent survived.

The case illustrates the issue of “Article III” standing in BIPA cases, attorneys say. To meet Article ...