Extract from Johnathan Bridbord’s article “How Biometric Data Regulations Impact Disputes and Investigations”
Big Tech and companies across the technology industry broadly have faced numerous cases, including class action litigation, for the collection of consumers’ biometric data without informed consent and in some instances, sharing it with third parties without authorization.
For example, one recent case (Pierce v. Photobucket) alleges that a photo storage company is violating biometric regulation by selling customer data and images to companies training generative AI models.
Many businesses in other industries have also faced litigation for collecting or using customer or employee biometrics without adequate notice or consent.
For example, in November, an Illinois judge ruled that a class action lawsuit against a retailer (Arnold v. Target) for collecting biometric data will move forward under the Biometric Information Privacy Act (BIPA).
In October, a case was filed against a professional sports organization (Dowling v. Sterling Mets) alleging violation of the New York City Biometrics Law.
