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ARTICLE · 11 SEPTEMBER 2023

Big Tech, Biometrics And BIPA: Meta's Recent $68.5M Class Action Settlement

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In July, Instagram's parent company Meta Platforms, Inc. ("Meta") agreed to a $68.5 million class-action biometric privacy settlement in connection with the company's alleged violation...

United StatesPrivacy
Aaron Francis
Aaron Francis
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In July, Instagram's parent company Meta Platforms, Inc. ("Meta") agreed to a $68.5 million class-action biometric privacy settlement in connection with the company's alleged violation of Illinois' Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA).

Filed in June after initial mediations and settlement negotiations took place, the lawsuit alleged that Instagram's facial recognition technology violated BIPA when the company collected and stored biometric data without complying with BIPA's requirements. While Instagram had initially claimed that its facial recognition software (discontinued in November 2021) had merely used an individual's template to find photos and videos on Facebook to make suggestions or recommendations on the platform, the lawsuit alleged that Meta was actually capturing users' biometrics without their informed consent in violation of BIPA.

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