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Apple Must Face Claim App Violates Illinois Biometric Law

Bloomberg Law

Apple Inc. will have to face a class action claiming the facial recognition feature in its Photos app violates the Illinois Biometric Information Privacy Act, an Illinois federal court said.

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The case also underscores an increasing number of facial recognition BIPA lawsuits, as opposed to lawsuits that allege violations of fingerprint collection and retention, said David Oberly, a biometric privacy lawyer at Blank Rome LLP in Cincinnati.

The Facebook settlement and a general public distrust of facial recognition technology means companies should gird themselves for future litigation in this space and ensure they’re complying with biometric privacy requirements, he said.

“Facial recognition is quickly becoming a new target,” Oberly said. “Plaintiffs are incentivized to go after these big tech companies and go after these huge paydays.”

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“Apple Must Face Claim App Violates Illinois Biometric Law,” by Jake Holland and Bernie Pazanowski was published in Bloomberg Law on November 13, 2020.