Meta Wins Biometric Privacy Lawsuit Over Facebook Non-Users

A federal appeals court has dismissed a BIPA class action lawsuit against Meta, ruling that 'face signatures' do not qualify as 'biometric identifiers' under the statute's definition. The lawsuit alleged that Meta collected the biometric information of Illinois residents who didn’t have Facebook accounts through its now-defunct Tag Suggestion feature, in violation of BIPA. The U.S. Court of Appeals for the Ninth Circuit ruled that face signatures, numerical sequences that represent a particular image of a face, are not biometric identifiers under BIPA. Illinois' biometric privacy law classifies a 'biometric identifier' as a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Meta has started paying out $68.5 million settlement to anyone in Illinois who used Instagram between Aug. 10, 2015 and Aug. 16, 2023, following the settlement of a class-action lawsuit alleging privacy law violations.

Q: What is BIPA?

A: BIPA stands for Biometric Information Privacy Act, a biometric privacy law in Illinois that regulates the collection and use of biometric identifiers.

Q: What is a biometric identifier?

A: A biometric identifier is a unique physical or behavioral characteristic, such as a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.

Q: What is Meta's Tag Suggestion feature?

A: Meta's Tag Suggestion feature was a now-defunct feature that used facial recognition technology to suggest tags for uploaded photos on Facebook.

Q: How much is the settlement for Instagram privacy violations?

A: The settlement for Instagram privacy violations is $68.5 million.

Q: Who is eligible to claim part of the settlement?

A: Anyone who used Instagram in Illinois between Aug. 10, 2015 and Aug. 16, 2023 is eligible to claim part of the settlement.