Internet Law & Cyber-Security

Editors (4)

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Widener University Commonwealth Law School

Juliet Moringiello

Executive Editor, Internet Law & Cyber-Security
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Partridge Snow & Hahn LLP

John Ottaviani

Contributing Editor, Internet Law & Cyber-Security
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Aronberg Goldgehn

Alan S. Wernick

Contributing Editor, Internet Law & Cyber-Security
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MONTH-IN-BRIEF (Jun 2024)

Ninth Circuit Finds That Facebook’s “Face Signature” Technology Does Not Violate Illinois BIPA

By Kevin Liu, Pilgrim Christakis LLP

On June 17, 2024, the Ninth Circuit affirmed the dismissal of a consumer’s privacy claim against Meta Platforms, Inc. (Facebook), holding that the company’s creation of “face signatures” from photos does not violate the Illinois Biometric Information Privacy Act (BIPA).

BIPA prohibits the collection of a person’s “biometric identifier or biometric information” without prior written authorization. A “biometric identifier” is a “retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry,” while “biometric information” is “any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual,” and it “does not include information derived from items or procedures excluded under the definition of biometric identifiers,” such as photographs. BIPA further requires companies to “develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information.”

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