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Facebook Says Illinois Biometrics Law Unconstitutional

Nov. 14, 2016, 9:39 PM

Facebook Inc. says an Illinois biometrics statute that restricts the transfer of facial recognition data to other states violates the U.S. Constitution ( In re Facebook Biometric Info. Privacy Litig., N.D. Cal., No. 15-cv-03747, amended answer 11/11/16).

Only few states have biometrics laws—Illinois, Texas and Connecticut—but many consumer-facing companies are attempting to monetize or store and analyze biometric data. If companies use biometric data without a clear understanding on the reach of these laws, they may be subject to numerous and costly consumer class actions.

The social media giant said in its Nov. 11 answer to the plaintiffs’...

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