7-Eleven Surveillance Systems Collect Facial Scans of Customers Illinois Class Action

The complaint for this class action alleges, “7-Eleven locations in Illinois are outfitted with cameras and advanced video surveillance systems that—unbeknownst to customers—surreptitiously collect, capture, possess, or otherwise obtain Biometric Data.” But the practices of private businesses in collecting, storing, or using biometrics is regulated in Illinois by the Biometric Information Privacy Act (BIPA), and the complaint alleges that 7-Eleven does not comply with BIPA’s requirements.

The class for this action is all individuals who, while living in Illinois, had their biometric data collected, captured, or otherwise obtain or stored by 7-Eleven.

Biometrics are not like other identifying information, in that if they are stolen, they cannot be changed or replaced. For example, if a person’s credit card or ID badge is stolen, the card or badge can be cancelled and another one issued with a different identifying number. But if a person’s fingerprints are stolen, they cannot cancel their old hands and get a new set with different fingerprints.

Because of this, the Illinois Legislature passed BIPA to set some basic requirements for a private business that wants to collect, store, or use biometrics:

• It must inform the subject in writing that their biometrics are being collected or stored.
• It must inform the subject in writing of the specific purpose and length of time for which their biometrics are being collected, stored, or used.
• It must obtain a written release from the subject.
• It must put out a publicly-available retention schedule and guidelines for permanently destroying the biometrics.

According to the complaint, 7-Eleven does not meet any of these requirements.

The complaint alleges 7-Eleven uses intelligent video systems provided by Clickit, which it says “possess[] advanced video management systems capable of facial recognition and capturing biometric identifiers.” Each system, the complaint claims, at the very least “scans faces and recognizes facial features.”

The complaint claims that 7-Eleven does not warn customers before they enter its stores that their biometrics are being captured.

In other countries, the complaint alleges, 7-Eleven has used similar technology. For example, the complaint claims, “In 2021, the Australian Information Commissioner and Privacy Commissioner found that 7-Eleven had interfered with customers’ privacy by collecting their face prints without their information or consent. Specifically, the Commission found that 7-Eleven[] collected sensitive information in breach of Australian Privacy Principle 3.3, in circumstances where the collection was not reasonably necessary for its functions and activities…”

Also, the complaint claims that 7-Eleven has been using facial recognition scans in Thailand since 2018 and in China since 2019.

Article Type: Lawsuit
Topic: Privacy
Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy