Shutterfly Says Ill. Biometric Law Doesn't Cover Online Photos

By Lauraann Wood (October 4, 2019, 6:03 PM EDT) -- Shutterfly Inc. urged an Illinois federal judge Thursday to toss out a lawsuit claiming its facial recognition technology violates the state's biometric privacy law, arguing the statute excludes liability over information derived from online photographs.

The Illinois Biometric Information Privacy Act's definition of biometric information excludes "information derived from items or procedures" excluded under the statute's definition of biometric identifier, which expressly lists photographs, Shutterfly told U.S. District Judge Mary M. Rowland. 

The Illinois residents claiming Shutterfly's technology violates BIPA seem to believe their suit has merit because the statute's definition of biometric information does not explicitly mention data derived from...

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