The United States Law Week

Facebook Avoids Biometric Privacy Lawsuit (Corrected)

June 17, 2019, 12:57 PMUpdated: June 18, 2019, 5:44 PM

The U.S. Court of Appeals for the Ninth Circuit upheld June 14 the dismissal of claims that Facebook Inc. violated an Illinois privacy law by subjecting an uploaded photo to facial recognition.

A federal district court previously granted summary judgment to Facebook on claims that it violated the Illinois Biometric Information Privacy Act by using facial recognition to scan an image of Frederick Gullen’s face, which was uploaded to a local news service rather than an individual user page, to capture biometric data without his consent.

Affirming that opinion, the unpublished, per curiam opinion said no reasonable jury could conclude...

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