Facebook Loses Facial Recognition Appeal, Must Face Privacy Class Action

It came as Facebook faces broad criticism from lawmakers and regulators over its privacy practices.

Advertisement
By Reuters | Updated: 9 August 2019 18:11 IST
Highlights
  • The 9th US Circuit Court of Appeals on Thursday gave a 3-0 decision
  • The decision was over Facebook's facial recognition technology
  • Google won the dismissal of a similar lawsuit last December

Facebook said it plans to appeal again

A federal appeals court on Thursday rejected Facebook's effort to undo a class action lawsuit claiming that it illegally collected and stored biometric data for millions of users without their consent.

The 3-0 decision from the 9th US Circuit Court of Appeals in San Francisco over Facebook's facial recognition technology exposes the company to billions of dollars in potential damages to the Illinois users who brought the case.

It came as the social media company faces broad criticism from lawmakers and regulators over its privacy practices. Last month, Facebook agreed to pay a record $5 billion (roughly Rs. 35,410 crores) fine to settle a Federal Trade Commission data privacy probe.

Advertisement

"This biometric data is so sensitive that if it is compromised, there is simply no recourse," Shawn Williams, a lawyer for plaintiffs in the class action, said in an interview. "It's not like a Social Security card or credit card number where you can change the number. You can't change your face."

Facebook said it plans to appeal. "We have always disclosed our use of face recognition technology and that people can turn it on or off at any time," a spokesman said in an email.

Google, a unit of Alphabet, won the dismissal of a similar lawsuit in Chicago last December.

Advertisement

The lawsuit began in 2015, when Illinois users accused Facebook of violating that state's Biometric Information Privacy Act in collecting biometric data.

Facebook allegedly accomplished this through its "Tag Suggestions" feature, which allowed users to recognise their Facebook friends from previously uploaded photos.

Advertisement

Writing for the appeals court, Circuit Judge Sandra Ikuta said the Illinois users could sue as a group, rejecting Facebook's argument that their claims were unique and required individual lawsuits.

She also said the 2008 Illinois law was intended to protect individuals' "concrete interests in privacy," and Facebook's alleged unauthorised use of a face template "invades an individual's private affairs and concrete interests."

Advertisement

The court returned the case to US District Judge James Donato in San Francisco, who had certified a class action in April 2018, for a possible trial.

Illinois' biometric privacy law provides for damages of $1,000 (roughly Rs. 70,800) for each negligent violation and $5,000 (roughly Rs. 3,54,100) for each intentional or reckless violation.

Williams, a partner at Robbins Geller Rudman & Dowd, said the class could include 7 million Facebook users.

The FTC probe arose from the discovery that Facebook had let British consulting firm Cambridge Analytica harvest users' personal information. Facebook's $5 billion payout still requires US Department of Justice approval.

The case is Patel et al v Facebook Inc, 9th US Circuit Court of Appeals, No. 19-15982.

© Thomson Reuters 2019

 

For the latest tech news and reviews, follow Gadgets 360 on X, Facebook, WhatsApp, Threads and Google News. For the latest videos on gadgets and tech, subscribe to our YouTube channel. If you want to know everything about top influencers, follow our in-house Who'sThat360 on Instagram and YouTube.

Further reading: Facebook
Advertisement

Related Stories

Popular Mobile Brands
  1. OnePlus 15 Launch Details Likely to Be Announced on October 17
  2. iQOO 15 With Snapdragon 8 Elite Gen 5 SoC to Launch in India in November
  3. Google Offers Up to 2TB of Storage Across Gmail and Photos for Rs. 11
  4. Vivo Announces OriginOS 6 for Vivo and iQOO Handsets Globally
  5. Redmi Note 15 Series India Launch Timeline, Price and Features Leaked
  6. Realme GT 8 Pro Colourways Revealed; Realme GT 8 to Run on This Chipset
  7. Oppo Find X9 Series, Oppo Pad 5 Launching Today: All You Need to Know
  8. Honor's Robot Phone With a Pop-Up Camera Will Debut at MWC 2026
  9. Apple's New M5 Chip Promises a Big Leap in AI and GPU Power
  1. Instagram Rolls Out Diwali-Themed Meta AI-Powered Effects for Stories, Video Effects on Edits App
  2. Reliance Jio, Aptos to Launch Blockchain Rewards for 500 Million Users
  3. Apple Executive Leading Siri Revamp Project Reportedly Snagged by Meta
  4. Samsung Galaxy S26 Edge Reportedly Scrapped; Galaxy S26 Lineup Could Comprise Three Models
  5. Redmi Note 15 Pro+, Note 15 Pro India Launch Timeline, Price and Specifications Leaked
  6. Asus ROG Xbox Ally X Goes on Sale in India Alongside ROG Xbox Ally: Price, Features
  7. Google One Diwali Offer Provides Up to 2TB of Google Drive Storage for Just Rs. 11: See Offers
  8. Google Releases Veo 3.1 Video Model With Improved Controls and Longer Video Durations
  9. Silent Hill 2 Remake, Until Dawn and Yakuza: Like a Dragon Coming to PS Plus Game Catalog in October
  10. Bitcoin Price Steadies Above $111,000 Amidst Ongoing Trade Tensions
Gadgets 360 is available in
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2025. All rights reserved.