Illinois Biometrics Information Privacy Act Strikes Again
Snapchat’s parent company is defending against a class-action lawsuit in the U.S. District Court for the Northern District of Illinois brought by two platform users identified as Adrian Coss and Maribel Ocampo.
The lawsuit alleges that the platform violates the Illinois Biometrics Information Privacy Act by failing to provide users with the required disclosures under the act while collecting, storing and sharing users’ unique facial features and voices.
The Illinois Biometric Information Privacy Act enacted in 2008 was an important first step in developing policy on biometrics. According to the law, a private entity possessing biometric information accessible to the public must have a retention schedule and policy for permanently destroying biometric information. Additionally, there are restrictions on how a private entity may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifier or biometric information. Most importantly, this law requires obtaining written consent prior to collecting biometric information as the law provides a private right of action for anyone injured under the Act.
Lanton Law’s technology practice, which includes biometrics and privacy issues, has been monitoring the Illinois Biometric Information Privacy Act for some time. We have posted several blogs addressing this issue as companies continue to evolve biometrics into their business models.
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