Published
October 10, 2023
If you live in Illinois and used Face App to edit a selfie in the past five years, attorneys are investigating whether the app collected your faceprint in violation of Illinois biometric privacy law.
Face App Biometric Privacy Breach
Are you a resident of Illinois who has used Face App? Are you an Illinois resident? Did you use Face App sometime in the past 5 years to take and edit a picture of yourself? An investigation is ongoing around a mass arbitration planned against Face App for alleged violations of BIPA - Biometric Information Privacy Act.
Status
Active Investigation
Claim Deadline
Ongoing
mass arbitration planned · no filed case yet
Estimated Payout
Up to $50
Proof Required
Yes
Illinois residency and Face App use
What is the Illinois GIPA Law?
The Illinois Genetic Information Privacy Act (GIPA) is a state law that governs the collection, use, and disclosure of genetic information by employers, insurers, and other entities in Illinois.Under the GIPA, entities are prohibited from discriminating against individuals based on their genetic information, and are required to keep genetic information confidential and secure. The law also provides individuals with the right to access and correct their genetic information, as well as the right to sue for violations of the law.
In addition to GIPA, Illinois also has a number of other privacy laws, including the Personal Information Protection Act (PIPA) and Biometric Information Privacy Act (BIPA). These laws, along with federal laws such as HIPAA and GINA, aim to protect individuals' privacy and security when it comes to sensitive personal information.
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Past Privacy Class Actions
there have been a number of high-profile class action settlements related to the Illinois Biometric Information Privacy Act (BIPA), which is a similar law that regulates the collection, use, and storage of biometric data by private entities.Some notable GIPA/PIPA/BIPA class action settlements in Illinois include:
• Google agreed to pay a huge $100 Million class action settlement over its enormously popular application, Google Photos. The allegation was that people who appeared in Google Photos, while residing in Illinois did not receive proper notice and consent as per government privacy protections.
• Facebook or Meta: In 2022, Facebook agreed to pay $650 million to settle a class action lawsuit alleging that it violated BIPA by collecting and storing users' facial recognition data without obtaining their consent. The settlement paid out $397 to qualified Illinois Facebook users in late 2022.
• Google: In 2021, Google agreed to pay $7.5 million to settle a BIPA class action lawsuit alleging that it violated the law by collecting and storing biometric data from Google Photos users without obtaining their consent.
• Six Flags: In 2018, Six Flags agreed to pay $36 million to settle a BIPA class action lawsuit alleging that it violated the law by collecting and storing visitors' fingerprints without obtaining their consent.
• SnapChat: In 2022, Snapchat settled a massive $35 Million class action lawsuit over allegations that its “Lenses” and “Filters” features colleted users' biometric information, such as their facial information, without complying with legal requirements to inform and get appropriate consent from users.
What Data is Protected by PIPA, GIPA and BIPA?
Here is a breakdown of the types of data protected by the Illinois Personal Information Protection Act (PIPA), the Illinois Genetic Information Privacy Act (GIPA), and the Illinois Biometric Information Privacy Act (BIPA):| Type of Data | PIPA | GIPA | BIPA |
|---|---|---|---|
| Personal Information, such as name, address, and Social Security number | X | ||
| Financial Information, such as credit card numbers and bank account information | X | ||
| Medical Information, such as health records and medical diagnoses | X | ||
| Genetic Information, such as DNA or RNA sequences | X | ||
| Biometric Information, such as fingerprints, facial recognition data, and iris scans | X |
All three Illinois Privacy laws protect personal information and financial information, but GIPA only covers genetic information while BIPA covers biometric information. It's worth noting that this table is not an exhaustive list of the types of data protected by these laws, but rather a high-level overview. Additionally, each law may have specific exceptions or limitations that impact the protection of certain types of data.
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