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ARTICLE · 23 AUGUST 2026

Seventh Circuit Holds That BIPA Does Not Reach Biometric Data That Remains On A User’s Device

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The Seventh Circuit has issued a landmark ruling that device manufacturers do not "possess" or "collect" biometric data under Illinois' BIPA when software creates and processes such data solely on a user's device.

United StatesPrivacy
Sophia Mancall-Bitel
Sophia Mancall-Bitel
Matthew D. Provance
Matthew D. Provance
Tony Weibell
Tony Weibell
Riley P. Harkin
Riley P. Harkin
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In a decision that cuts against the trend of expansive readings of the Biometric Information Privacy Act (“BIPA”), the Seventh Circuit has held that a company does not “possess” or “collect” biometric data merely by supplying software that creates or processes such data on a user’s own device. In G.T. v. Samsung Electronics America, Inc., the district court dismissed the complaint with prejudice for failure to state a claim, finding that plaintiffs had not plausibly alleged that Samsung possessed or collected face templates that the preinstalled Gallery app generated and stored on users’ phones. The Seventh Circuit affirmed, holding that possessing, collecting, capturing, and obtaining biometric data under BIPA all require the defendant to have some degree of control over that data. The decision represents a significant development for device manufacturers, app developers, and other companies whose products may generate biometric data on user hardware.

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