Facial Recognition Database Facing Potential Legal Action For Using Photos, Many of Children, Without Permission

Facial Recognition Database Facing Potential Legal Action For Using Photos, Many of Children, Without Permission

The massive MegaFace dataset may have violated the Illinois Biometric Information Privacy Act, a 2008 law that protects residents from using facial scans without their permission.

A facial recognition database holding more than 4 million photos of nearly 700,000 people is undergoing new scrutiny for its use of photos from Flickr without the express permission of users. 

A New York Times report explores the relationship between the progress of surveillance technology and the availability of huge databases of facial photos on the web, including MegaFace. 

MegaFace was developed by computer science professors at the University of Washington and consisted of downloaded versions of photos from the Yahoo Flickr Creative Commons 100 Million Dataset. The project was part of an effort to make it easier for smaller companies and researchers to further their development of facial recognition technology, among other goals. 

The Yahoo database did not distribute users’ photos directly. Rather, links to the photos were shared so that if a user deleted the posts or made them private, researchers would no longer have access to them. 

But MegaFace made the photo sets downloadable, making it easier for companies to download the data and use it for research purposes. The Flickr dataset was ideal because it had many photos of children, which facial recognition systems typically have a difficult time identifying accurately. 

The University of Washington went on to host the “MegaFace Challenge” in 2015 and 2016, asking companies working on facial recognition to use the data to test the accuracy of their systems. More than 100 organizations and companies participated, the Times reported, including Google, SenseTime and NtechLab. All companies were asked to agree to use it only for “noncommercial research and educational purposes,” and some businesses said they deleted the dataset after the challenge. 

Now, many of the people who posted photos of their children to the site say they were unaware that their children’s faces had been used to develop facial recognition technology. The data set was not anonymized, meaning that the Times was able to find people who had posted the photos through the links provided by Yahoo. 

“The reason I went to Flickr originally was that you could set the license to be noncommercial,” Nick Alt, an entrepreneur in Los Angeles, told the Times after finding out that photos he had taken of children were in the database. “Absolutely would I not have let my photos be used for machine-learning projects. I feel like such a schmuck for posting that picture. But I did it 13 years ago, before privacy was a thing.”

Most people included in the database were not legally required to grant permission to use their photos because they were licensed under Creative Commons. But residents of Illinois are protected under the Biometric Information Privacy Act, a 2008 law that imposes fines for using someone’s fingerprints or face scans without consent. 

The use of Illinois Flickr users’ photos could lead to legal implications if residents decide to pursue lawsuits. Photos themselves are not covered by the law, but scans of the photos should be, according to Faye Jones, a law professor at the University of Illinois. 

“Using that in an algorithmic contest when you haven’t notified people is a violation of the law,” Jones said, adding that people who had their faceprints used without permission have the right to sue and earn $1,000 per use. That fine could go up to $5,000 if the use was “reckless.” 

The combined liability could add up to more than a billion dollars, the Times reported. 

“The law’s been on the books in Illinois since 2008 but was basically ignored for a decade,” Jeffrey Widman, an attorney in Chicago, told the Times. “I guarantee you that in 2014 or 2015, this potential liability wasn’t on anyone’s radar. But the technology has now caught up with the law.”

 

About the Author

Haley Samsel is an Associate Content Editor for the Infrastructure Solutions Group at 1105 Media.

Featured

  • 2025 Security LeadHER Conference Program Announced

    ASIS International and the Security Industry Association (SIA) – the leading membership associations for the security industry – have announced details for the 2025 Security LeadHER conference, a special event dedicated to advancing, connecting and empowering women in the security profession. The third annual Security LeadHER conference will be held Monday, June 9 – Tuesday, June 10, 2025, at the Detroit Marriott Renaissance Center in Detroit, Michigan. This carefully crafted program represents a comprehensive professional development opportunity for women in security this year. To view the full lineup at this year’s event, please visit securityleadher.org. Read Now

    • Industry Events
  • Report: 82 Percent of Phishing Emails Used AI

    KnowBe4, the world-renowned cybersecurity platform that comprehensively addresses human risk management, today launched its Phishing Threat Trend Report, detailing key trends, new data, and threat intelligence insights surrounding phishing threats targeting organizations at the start of 2025. Read Now

  • NRF Supports Federal Bill to Thwart Retail Crime

    The National Retail Federation recently announced its support for the Combating Organized Retail Crime Act of 2025. The act was introduced by Chairman Chuck Grassley, R-Iowa, Senator Catherine Cortez Masto, D-Nev., and Representative Dave Joyce, R-Ohio. Read Now

  • ISC West 2025 Brings Almost 29,000 Industry Professionals to Las Vegas

    ISC West 2025, organized by RX and in collaboration with the Security Industry Association, concluded at the Venetian Expo in Las Vegas last week. The nation’s leading comprehensive and converged security event attracted nearly 29,000 industry professionals and left a lasting impression on the global security community. Over five action-packed days, ISC West welcomed more than 19,000 attendees and featured 750 exhibiting brands. Read Now

    • Industry Events
    • ISC West
  • Tradeshow Work Can Be Fun

    While at ISC West last week, I ran into numerous friends and associates all of which was a pleasant experience. The first question always seemed to be, “How many does this make for you?” Read Now

    • Industry Events
    • ISC West

New Products

  • 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.

  • 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.

  • QCS7230 System-on-Chip (SoC)

    QCS7230 System-on-Chip (SoC)

    The latest Qualcomm® Vision Intelligence Platform offers next-generation smart camera IoT solutions to improve safety and security across enterprises, cities and spaces. The Vision Intelligence Platform was expanded in March 2022 with the introduction of the QCS7230 System-on-Chip (SoC), which delivers superior artificial intelligence (AI) inferencing at the edge.