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

  • From Surveillance to Intelligence

    Years ago, it would have been significantly more expensive to run an analytic like that — requiring a custom-built solution with burdensome infrastructure demands — but modern edge devices have made it accessible to everyone. It also saves time, which is a critical factor if a missing child is involved. Video compression technology has played a critical role as well. Over the years, significant advancements have been made in video coding standards — including H.263, MPEG formats, and H.264—alongside compression optimization technologies developed by IP video manufacturers to improve efficiency without sacrificing quality. The open-source AV1 codec developed by the Alliance for Open Media—a consortium including Google, Netflix, Microsoft, Amazon and others — is already the preferred decoder for cloud-based applications, and is quickly becoming the standard for video compression of all types. Read Now

  • Cost: Reactive vs. Proactive Security

    Security breaches often happen despite the availability of tools to prevent them. To combat this problem, the industry is shifting from reactive correction to proactive protection. This article will examine why so many security leaders have realized they must “lead before the breach” – not after. Read Now

  • 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

Most   Popular

New Products

  • AC Nio

    AC Nio

    Aiphone, a leading international manufacturer of intercom, access control, and emergency communication products, has introduced the AC Nio, its access control management software, an important addition to its new line of access control solutions.

  • FEP GameChanger

    FEP GameChanger

    Paige Datacom Solutions Introduces Important and Innovative Cabling Products GameChanger Cable, a proven and patented solution that significantly exceeds the reach of traditional category cable will now have a FEP/FEP construction.

  • Luma x20

    Luma x20

    Snap One has announced its popular Luma x20 family of surveillance products now offers even greater security and privacy for home and business owners across the globe by giving them full control over integrators’ system access to view live and recorded video. According to Snap One Product Manager Derek Webb, the new “customer handoff” feature provides enhanced user control after initial installation, allowing the owners to have total privacy while also making it easy to reinstate integrator access when maintenance or assistance is required. This new feature is now available to all Luma x20 users globally. “The Luma x20 family of surveillance solutions provides excellent image and audio capture, and with the new customer handoff feature, it now offers absolute privacy for camera feeds and recordings,” Webb said. “With notifications and integrator access controlled through the powerful OvrC remote system management platform, it’s easy for integrators to give their clients full control of their footage and then to get temporary access from the client for any troubleshooting needs.”