Introduction
Biometric data represents one of the most sensitive categories of personal information. Unlike passwords or credit card numbers, your fingerprints, facial geometry, and voice patterns cannot be changed if compromised. As companies increasingly collect and use this data for identification and authentication purposes, a wave of class action lawsuits has emerged to protect consumers from unauthorized collection and misuse of their unique biological identifiers.
This article explores the rapidly evolving landscape of biometric privacy class actions, the landmark laws that enable them, and what consumers need to know to protect their irreplaceable biometric information in an increasingly digitized world.
What Is Biometric Data?
Biometric data refers to unique physical or behavioral characteristics that can be used to digitally identify a person. Common types of biometric identifiers include:
- Fingerprints: Used in smartphone unlocking, time clocks, and secure access systems.
- Facial geometry: Utilized in facial recognition systems for identity verification and photo tagging.
- Voiceprints: Employed for voice authentication in customer service and security systems.
- Retina and iris patterns: Used in high-security environments for access control.
- Hand geometry: Sometimes used in workplace time and attendance systems.
- Gait analysis: Emerging technology that identifies individuals by their walking pattern.
What makes biometric data particularly sensitive is its permanence and uniqueness. Unlike a password or account number, biometric identifiers typically cannot be changed if compromised. Once your biometric data is stolen, that breach could potentially affect you for life.
BIPA and Other Biometric Privacy Laws
The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, has become the most significant law protecting biometric privacy in the United States. BIPA has several key provisions:
- Informed consent requirement: Companies must obtain written consent before collecting biometric information.
- Disclosure obligations: Organizations must inform individuals of the specific purpose and length of time for which their biometric data will be collected, stored, and used.
- Data security requirements: Businesses must protect biometric data using reasonable security measures.
- Prohibition on profit: Companies cannot sell, lease, or otherwise profit from biometric information they collect.
- Private right of action: Crucially, BIPA allows individuals to sue companies directly for violations, with statutory damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation.
Other states have followed Illinois' lead, with Texas, Washington, California, New York, and others enacting their own biometric privacy laws. However, Illinois' BIPA remains unique in providing a private right of action with statutory damages, making it the primary vehicle for class action litigation in this area.
Major Biometric Privacy Settlements
BIPA has led to numerous high-profile class action settlements:
- Social media platforms: Multiple social media companies have faced billion-dollar class actions over facial recognition features that automatically identified and suggested tags for people in photos without proper consent.
- Time clock systems: Many employers have been sued for implementing fingerprint-based time clock systems without following BIPA's notice and consent requirements.
- Voice recognition systems: Companies using voice authentication technologies have faced class actions for capturing voiceprints without proper disclosure and consent.
- Retail facial recognition: Retailers using facial recognition for security or marketing purposes have been targeted for collecting facial geometry without explicit permission.
- Photo storage services: Online photo services that automatically analyze facial features for organization purposes have been sued under BIPA.
These cases have resulted in settlements ranging from several million to over a billion dollars, demonstrating both the power of BIPA and the serious consequences for companies that fail to properly handle biometric information.
How to Protect Your Biometric Information
While biometric privacy laws provide important protections, consumers should take proactive steps to safeguard their biometric data:
- Read privacy policies: Before enrolling in biometric systems, carefully review how your data will be collected, used, stored, and eventually destroyed.
- Exercise opt-out rights: When available, consider opting out of biometric collection, particularly for convenience features rather than essential security applications.
- Check app permissions: Review what biometric data mobile apps can access and revoke unnecessary permissions.
- Use alternatives when possible: Consider whether traditional authentication methods might be preferable for certain services.
- Stay informed: Monitor news about data breaches and biometric privacy developments that may affect services you use.
- Check for class actions: Regularly verify if you're eligible for any biometric privacy class actions through services like GetBack.
The Future of Biometric Privacy Litigation
Biometric privacy litigation is likely to expand in several directions:
- New technologies: As biometric collection expands to new technologies like wearables, smart home devices, and augmented reality systems, new types of litigation will emerge.
- Additional state laws: More states are likely to enact BIPA-style legislation, creating a more complex compliance landscape for businesses.
- Federal regulation: Pressure is growing for comprehensive federal biometric privacy standards that could either strengthen or potentially preempt state laws.
- International considerations: Global regulations like GDPR, which classifies biometric data as a special category requiring additional protections, will influence U.S. approaches.
- Corporate practices: Compliance programs specifically addressing biometric data will become standard as companies seek to avoid costly litigation.
These developments suggest that biometric privacy will remain an active and evolving area of class action litigation for years to come.
Conclusion
Biometric privacy class actions represent a critical safeguard against the misuse of our most personal and permanent identifiers. As biometric technologies become increasingly embedded in our daily lives, these legal protections help ensure that convenience doesn't come at the expense of privacy and security.
For consumers, understanding your rights under laws like BIPA and taking proactive steps to protect your biometric information are essential in an era where your face, fingerprints, and voice have become keys to your digital identity. By staying informed about biometric privacy issues and the class actions that address them, you can better protect your unique biological identifiers from unauthorized use and potential compromise.