The Ninth Circuit Court of Appeals on Thursday affirmed the district court’s order certifying a class Facebook users in a case challenging Facebook’s facial-recognition technology as a violation of Illinois’s Biometric Information Privacy Act (BIPA).The court held that plaintiffs alleged a concrete and particularized harm, sufficient to confer Article III standing, because BIPA protected the plaintiffs’ concrete privacy interest, and violations of the procedures in BIPA actually harmed or posed a material risk of harm to those privacy interests. Specifically, the panel concluded that the development of a face template using facial-recognition technology without consent (as alleged in this case) invades an individual’s private affairs and concrete interests.
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