Onfido Loses First Amendment Defense in Biometric Face-Scan Suit

Onfido Inc. will have to face proposed class action claims by an individual who says the facial recognition software company’s collection and retention of his faceprint violates Illinois’ Biometric Information Privacy Act, according to a federal judge who rejected Onfidos’ argument that BIPA violates the First Amendment.

Fredy Sosa claims that he uploaded his driver’s license along with a photo of his face to OfferUp, an online marketplace which partnered with Onfido to verify its users’ identities. Onfido allegedly scanned Sosa’s face, extracted Sosa’s “faceprints,” verified that the two photos were the same, and kept Sosa’s faceprint in its database. ...