In a ruling that could ripple across the nation’s biometric industry and target Facebook’s use of face surveillance without users’ consent, the Illinois Supreme Court has concluded companies can be sued for collecting such data without informed consent.
“Users don’t need to prove an injury like identity fraud or physical harm – just losing control of one’s biometric privacy is injury enough,” concluded the Electronic Frontier Foundation, which participated in the case.
In Rosenbach v. Six Flags a mother sued on behalf of a 14 year-old son whose thumbprint was taken at the amusement park without informed consent in apparent violation of the Illinois Biometric Information Privacy Act.
The law says companies cannot gather, use or share biometric information without informed, opt-in consent.
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