Samsung Avoids BIPA Suit Over Photo Gallery Facial Recognition

Samsung Electronics America Inc. and Samsung Electronics Co. skirted a class action claiming its photo application’s scanning technology violated Illinois’ state privacy law.

The federal court’s decision granting Samsung’s motion to dismiss hinged on two main nuances: the difference between a product and its company, and identifying faces versus individuals. Judge Lindsay C. Jenkins ruled that Samsung’s facial scanning technology can only recognize faces, and cannot actually identify individuals, which puts it out of scope under Illinois’ Biometric Information Privacy Act.

Plaintiffs also failed to show that Samsung possess or has access to biometric data, as the complaint didn’t allege ...