Courts Biometrics Ruling Poses Risk to Technology Companies

Court's Biometrics Ruling Poses Risk to Technology Companies

The Supreme Court of Illinois ruled Six Flags Great America collected a boy's thumbprint without proper consent.

  • By Sydny Shepard
  • Jan 30, 2019

The Supreme Court of Illinois on Friday ruled that an amusement park must pay damages to a boy for collecting his thumbprint without proper consent. The decision in the closely-watched case opens the door for the possibility of huge payouts in related cases against technology companies whose face-scanning policies breached a state law known as the Biometric Information Privacy Act.

In the Six Flags Great America case, a mother named Stacey Rosenbach filed a lawsuit upon learning the amusement park scanned and stored her son's thumbprint as part of its annual pass program. The case soon became a key test of the law, known as BIPA. The crucial issue is whether a person must show they suffered actual harm when a company collects biometrics without permission, or if its enough to just show that the act took place.

In a 7-0 ruling, the Illinois court agreed with Rosenbach that the purpose of the law, which provides for a $1,000 to $5,000 penalty, is to deter companies misusing consumers' biometrics. This meant Rosenbach's son counts as an "aggrieved person" in the language of BIPA.

This ruling comes as a blow to companies like Facebook and Google who are also currently tangled in BIPA lawsuits of their own. In the case of Facebook, consumers are claiming the social network scanned their faces without permission as part of a feature to "tag" friends, and in the case of Google, part of a facial recognition service for Google Photos.

Today, a number of other BIPA lawsuits are hanging in the balance against companies like SnapChat and Shutterfly. The cases seem to divide themselves into those claiming illegal face-scanning and those claiming their fingerprints or thumbprints were taken without permission.

About the Author

Sydny Shepard is the Executive Editor of Campus Security & Life Safety.

Featured

  • Achieving Clear Audio

    In today’s ever-changing world of security and risk management, effective communication via an intercom and door entry communication system is a critical communication tool to keep a facility’s staff, visitors and vendors safe. Read Now

  • Beyond Apps: Access Control for Today’s Residents

    The modern resident lives in an app-saturated world. From banking to grocery delivery, fitness tracking to ridesharing, nearly every service demands another download. But when it comes to accessing the place you live, most people do not want to clutter their phone with yet another app, especially if its only purpose is to open a door. Read Now

  • Survey: 48 Percent of Worshippers Feel Less Safe Attending In-Person Services

    Almost half (48%) of those who attend religious services say they feel less safe attending in-person due to rising acts of violence at places of worship. In fact, 39% report these safety concerns have led them to change how often they attend in-person services, according to new research from Verkada conducted online by The Harris Poll among 1,123 U.S. adults who attend a religious service or event at least once a month. Read Now

  • AI Used as Part of Sophisticated Espionage Campaign

    A cybersecurity inflection point has been reached in which AI models has become genuinely useful in cybersecurity operation. But to no surprise, they can used for both good works and ill will. Systemic evaluations show cyber capabilities double in six months, and they have been tracking real-world cyberattacks showing how malicious actors were using AI capabilities. These capabilities were predicted and are expected to evolve, but what stood out for researchers was how quickly they have done so, at scale. Read Now

  • Why the Future of Video Security Is Happening Outside the Cloud

    For years, the cloud has captivated the physical security industry. And for good reasons. Remote access, elastic scalability and simplified maintenance reshaped how we think about deploying and managing systems. Read Now

Most   Popular

New Products

  • Camden CM-221 Series Switches

    Camden CM-221 Series Switches

    Camden Door Controls is pleased to announce that, in response to soaring customer demand, it has expanded its range of ValueWave™ no-touch switches to include a narrow (slimline) version with manual override. This override button is designed to provide additional assurance that the request to exit switch will open a door, even if the no-touch sensor fails to operate. This new slimline switch also features a heavy gauge stainless steel faceplate, a red/green illuminated light ring, and is IP65 rated, making it ideal for indoor or outdoor use as part of an automatic door or access control system. ValueWave™ no-touch switches are designed for easy installation and trouble-free service in high traffic applications. In addition to this narrow version, the CM-221 & CM-222 Series switches are available in a range of other models with single and double gang heavy-gauge stainless steel faceplates and include illuminated light rings.

  • Connect ONE’s powerful cloud-hosted management platform provides the means to tailor lockdowns and emergency mass notifications throughout a facility – while simultaneously alerting occupants to hazards or next steps, like evacuation.

    Connect ONE®

    Connect ONE’s powerful cloud-hosted management platform provides the means to tailor lockdowns and emergency mass notifications throughout a facility – while simultaneously alerting occupants to hazards or next steps, like evacuation.

  • EasyGate SPT and SPD

    EasyGate SPT SPD

    Security solutions do not have to be ordinary, let alone unattractive. Having renewed their best-selling speed gates, Cominfo has once again demonstrated their Art of Security philosophy in practice — and confirmed their position as an industry-leading manufacturers of premium speed gates and turnstiles.