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.

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

  • Maximizing Your Security Budget This Year

    Perimeter Security Standards for Multi-Site Businesses

    When you run or own a business that has multiple locations, it is important to set clear perimeter security standards. By doing this, it allows you to assess and mitigate any potential threats or risks at each site or location efficiently and effectively. Read Now

  • Getting in Someone’s Face

    There was a time, not so long ago, when the tradeshow industry must have thought COVID-19 might wipe out face-to-face meetings. It sure seemed that way about three years ago. Read Now

    • Industry Events
    • ISC West
  • Live From ISC West 2024: Post-Show Recap

    ISC West 2024 is complete. And from start to finish, the entire conference was a huge success with almost 30,000 people in attendance. Read Now

    • Industry Events
    • ISC West
  • ISC West 2024 is a Rousing Success

    The 2024 ISC West security tradeshow marked a pivotal moment in the industry, showcasing cutting-edge technology and innovative solutions to address evolving security challenges. Exhibitors left the event with a profound sense of satisfaction, as they witnessed a high level of engagement from attendees and forged valuable connections with potential clients and partners. Read Now

    • Industry Events
    • ISC West

Featured Cybersecurity

Webinars

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. 3

  • 4K Video Decoder

    3xLOGIC’s VH-DECODER-4K is perfect for use in organizations of all sizes in diverse vertical sectors such as retail, leisure and hospitality, education and commercial premises. 3

  • HD2055 Modular Barricade

    Delta Scientific’s electric HD2055 modular shallow foundation barricade is tested to ASTM M50/P1 with negative penetration from the vehicle upon impact. With a shallow foundation of only 24 inches, the HD2055 can be installed without worrying about buried power lines and other below grade obstructions. The modular make-up of the barrier also allows you to cover wider roadways by adding additional modules to the system. The HD2055 boasts an Emergency Fast Operation of 1.5 seconds giving the guard ample time to deploy under a high threat situation. 3