Illinois has a state law that regulates the collection, storage, and use of biometrics, the Biometric Information Privacy Act (BIPA). This class action alleges that Walmart, Inc. did not fulfill the requirements of BIPA before taking camera recordings of the faces, or “faceprints,” of those who enter its stores in Illinois.
The class for this action is all individuals who, while in Illinois, had their biometric data collected, captured, received, obtained, stored, sold, leased, traded, disclosed, disseminated, or otherwise profited from or used by Walmart, without their consent.
Biometrics are not like other information, the complaint alleges, because it is unique and irreplaceable. That is, if a credit card number is stolen, the owner can get a new one, with a different number; but if a face print is stolen, the owner cannot get a new face that would provide a different face print.
In fact, the complaint quotes a Senate subcommittee hearing as saying that “facial recognition creates acute privacy concerns that fingerprints do not.”
Illinois passed BIPA because of concerns about biometric forms of identifying information. Under BIPA, a private business cannot take, store, or use biometrics unless it first does a number of things:
- It must tell the subject in writing that their biometrics are being collected or stored.
- It must tell the subject in writing of the specific purpose and length of time for which the biometrics are being collect, stored, or used.
- It must get a written release from the subject, authorizing the collection of the biometrics.
- It must put out a publicly-available written retention schedule as well as guidelines for permanently destroying the biometrics.
The business entity must also store, transmit, and protect from disclosure the biometrics in at least as protective a manner as it uses for other forms of sensitive private information. Also, the complaint says, “No private entity may sell, lease, trade, or otherwise profit from a person’s or customer’s Biometric Data.”
Lastly, the complaint alleges that “no private entity may disclose, redisclose or otherwise disseminate a person’s Biometric Data except with the subject’s consent, to complete a financial transaction requested by the customer, or other narrowly prescribed situations.
The complaint claims that Walmart has been taking, storing, and using the biometrics of those who enter its stores in Illinois without first giving them notice or getting their consent, and without publishing its policies for data retention.
“In addition,” the complaint asserts, “Walmart uses proprietary software from technology company Clearview AI, Inc. … to match facial scans taken with billions of facial scans maintained within Clearview’s extensive facial recognition database…” Walmart also does not get consent, the complaint claims, before disclosing the face prints to Clearview’s biometric database.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Walmart Takes Face Prints in Illinois Stores BIPA Complaint
October 28, 2022
Illinois has a state law that regulates the collection, storage, and use of biometrics, the Biometric Information Privacy Act (BIPA). This class action alleges that Walmart, Inc. did not fulfill the requirements of BIPA before taking camera recordings of the faces, or “faceprints,” of those who enter its stores in Illinois.
Walmart Takes Face Prints in Illinois Stores BIPA ComplaintCase Event History
Walmart Takes Face Prints in Illinois Stores BIPA Complaint
October 28, 2022
Illinois has a state law that regulates the collection, storage, and use of biometrics, the Biometric Information Privacy Act (BIPA). This class action alleges that Walmart, Inc. did not fulfill the requirements of BIPA before taking camera recordings of the faces, or “faceprints,” of those who enter its stores in Illinois.
Walmart Takes Face Prints in Illinois Stores BIPA Complaint