Facebook accused of illegally harvesting Instagram users' facial data

A class action lawsuit filed against Facebook claimed that Instagram illegally harvested facial data from its users without their consent. Initiated by Kelly Whalen in California, the lawsuit alleges that Instagram's photo-tagging tool uses facial recognition technology to scan and store users' facial data, potentially creating "face templates" even for individuals who do not use the platform and have not agreed to its terms of service. The practice is said to violate Illinois state law, which prohibits the collection of biometric data without informed consent. The potential financial repercussions for Facebook are significant; if found liable, the company could face fines ranging from USD 1,000 to USD 5,000 per violation. With estimates suggesting that the data of up to 100 million users may have been collected, total damages could reach as high as USD 500 billion. Facebook responded by calling the lawsuit "baseless," asserting that Instagram does not use facial recognition technology in the same manner as Facebook. This lawsuit follows a similar case in which Facebook agreed to a USD 650 million settlement over allegations of unauthorised biometric data collection on its main platform. System 🤖 Instagram image tagging Developer: Instagram Country: USA Sector: Multiple Purpose: Identify user contacts Technology: Facial recognition Issue: Privacy/surveillance Regulation 👩🏼‍⚖️ Illinois Biometric Information Privacy Act (BIPA) 2008 Legal, regulatory ⚖️ Whalen v. Facebook, Inc.

Date it happened

2020-10-01

Organisation involved

Instagram

Product, system or model

Instagram image tagging

This is a record of what was reported, not a finding that anyone broke the law. If it names your organisation and you believe it is wrong, the corrections process is free and open to everyone.