Published on:

Facebook Fights Lawsuit in Order to Use Faceprint Technology

Millions of people are Facebook users, and most of them post photos to the social media network. If you’re one of them, then you’re probably familiar with the technology that enables Facebook to ask you if you want to tag “William” and “Mary” when you post a photo of yourself with your friends.

Social%20Media%20Magnified%2044298834-001.jpgFacebook is able to provide this service thanks to its “Faceprint” software, which the company rolled out in 2010. Faceprint is a biometric database that measures unique characteristics in human faces to identify them. When a new picture gets posted, the software immediately performs a scan to look for matching profiles in its biometric database, which allows it to suggest tagging other individuals.

Many Facebook users are troubled by what they believe is the invasiveness of the technology. This is particularly true in Illinois where members of the social network have filed a lawsuit saying that the use of the software violates state law. Illinois’ Biometric Information Privacy Act stipulates that companies must obtain written consent for gathering this kind of information. Moreover, companies are required to create and publish a schedule for destroying any data gathered.

Facebook counters the lawsuit by arguing that only the laws of California can be used to lodge legal disputes with the company. The social networking giant goes on to say that all Facebook users accept an agreement in which they consent to disputes being governed by California’s laws. Hence, the claimants in Illinois do not have a valid case.

This particular suit involves Facebook users Carlo Licata, Nimesh Patel and Adam Penzen, but it’s not the first or the only one of its kind. An earlier lawsuit filed by Frederick Gullen, who is not himself a Facebook user, was rejected by an Illinois judge because the company’s connections with the state are too tenuous. However, a similar case against Shutterfly in Illinois has been allowed to move forward because the Internet-based photo company actively offers its services to Illinois residents.

Time and the Courts will decide if this latest Illinois lawsuit against Facebook will be allowed to move forward.

Sylvester, Oppenheim & Linde represents businesses and their owners in most types of litigation. If your business has a legal problem, contact Richard Oppenheim directly for a prompt, no charge initial consultation. You may use the contact form in the left column or call 818-461-8500.