Golden Gate University Law Review
Article Title
Patel v. Facebook, Inc.: The Collection, Storage, and Use of Biometric Data as a Concrete Injury under BIPA
Abstract
Facebook, Inc. (“Facebook”) amassed one of the most extensive facial- template databases in the world through the use of facial-recognition technology. However, Facebook is not alone; both private and public sector entities are heavily investing in improving their facial-identification technology. Facial geometry data are unique to each person and can be used to identify an individual. Once a facial image has been captured and stored in a facial-template database, “the individual has no recourse” because one cannot change facial geometry as quickly as a password or a social security number.
Although companies may use facial-recognition technology for valid purposes, uses of facial-recognition technology to target specific groups raise “questions around abuse, consent, weaponization, and discriminatory uses of this technology.” From a privacy standpoint, the potential use of facial-recognition technology to search against millions of photographs without the consent of “law-abiding citizens is a major privacy violation.” These concerns have fueled an increase in data privacy legislation as well as litigation, such as Patel v. Facebook, Inc.
Recommended Citation
Jessica Robles,
Patel v. Facebook, Inc.: The Collection, Storage, and Use of Biometric Data as a Concrete Injury under BIPA, 50 Golden Gate U. L. Rev. 61
(2020).
https://digitalcommons.law.ggu.edu/ggulrev/vol50/iss1/9