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On November 17, 2020, the Seventh Circuit addressed what constitutes an injury-in-fact for standing purposes under Illinois’s privacy law, the Biometric Information Privacy Act (“BIPA”). This is the latest in a series of federal court decisions defining the state privacy law’s injury requirement under
Spokeo, Inc. v. Robins following the Illinois Supreme Court’s ruling that actual injury was not required to bring a claim for violation of BIPA in state court in
Rosenbach v. Six Flags Entertainment Corp. The ruling addresses a question left open by the Seventh Circuit’s prior ruling in
Here s a way to learn if facial recognition systems used your photos
5 Feb, 2021 05:00 AM
7 minutes to read
A mosaic of about 50,000 images from the MegaFace dataset, which includes over 3.5 million. Photo / Adam Harvey via The New York Times
A mosaic of about 50,000 images from the MegaFace dataset, which includes over 3.5 million. Photo / Adam Harvey via The New York Times
New York Times
By: Cade Metz and Kashmir Hill
An online tool targets only a small slice of what s out there, but may open some eyes to how widely artificial intelligence research fed on personal images. When tech companies created the facial recognition systems
Canadian authorities declared that the company needed citizens’ consent to use their biometric information, and told the firm to delete facial images from its database.
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In an effort to ameliorate the potential discriminatory impact of facial recognition technologies on people of color, women, and other groups, Portland, Ore., recently joined a growing number of jurisdictions limiting the use of facial recognition technology.
The ordinance, which went into effect on January 1, 2021, is the first in the country to prohibit certain uses of these technologies by private businesses. Another ordinance banning the use and acquisition of face recognition technologies by all City of Portland bureaus and offices went into effect last September.
Businesses that use facial recognition technologies within Portland need to evaluate and potentially cease their use of these technologies.
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Takeaway: As Judge Diane Wood of the Seventh Circuit recently observed in a putative class action alleging violations of Illinois’s Biometric Information Privacy Act (BIPA), “allegations matter” and “a plaintiff is the master of her own complaint.”
Thornley v. Clearview AI, Inc., - F.3d. -, No. 20-3249, 2021 WL 128170, at 4- 5 (7th Cir. Jan. 14, 2021). There is nothing wrong with putative class plaintiffs advancing allegations devoid of Article III injury “to steer clear of federal court.”
Id. at 6. As demonstrated by the Seventh Circuit cases discussed in
Thornley, BIPA creates an opportunity for such a strategic choice, given that it provides a right of action for certain violations that give rise to an Article III injury-in-fact, as well as certain violations that do not – namely, specific BIPA violations that are nothing more than “bare procedural violation[s], divorced from any co