Facial Recognition Gaming Software Tests Biometric Privacy Law

Does every product that takes a full face scan and saves it in accessible files violate the Illinois Biometric Information Privacy Act? Apparently not.

A recent ruling rejected a game-player's claim that the face-scanning procedure of a video game, or the game-maker's alleged indefinite storage of a face-scan file, did not violate the Illinois biometric law finding that no material risk of harm was demonstrated. The game company was free to take detailed biometric readings from its customers and use those readings for game play as long as the game's "terms and conditions" accurately described how the readings would be handled. Companies including immutable biometric customer files within their programs can learn from the logic of this case to build their contracts and procedures to withstand scrutiny under the Illinois biometric law.