Biometric Privacy Suits After Facebook Face-Scan Class Cert.

Law360 (August 26, 2019, 3:41 PM EDT) -- The U.S. Court of Appeals for the Ninth Circuit recently greenlighted a class action against Facebook based on alleged procedural violations of the Illinois Biometric Information Privacy Act. With the BIPA authorizing damages of $1,000 for each negligent violation, or $5,000 for each intentional or reckless violation,[1] and a class implicating potentially millions of Facebook users,[2] the potential exposure at stake is staggering.

The Illinois Biometric Information Privacy Act

Enacted in 2008, the BIPA sought to regulate "the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and information."[3] The law imposes a series of procedural requirements, including among...

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