Snapchat Class Action Says Facial Recognition Technology Illegal

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In a new class action lawsuit, Snapchat is being accused of collecting biometric data from its users’ photographs in violation of Illinois law.

Plaintiff Mark Siegal alleges Snapchat has been using facial recognition technology to take facial measurements from the photographs of millions of individuals and store those measurements as “face templates.” These face templates are as unique to each individual as their fingerprint or voice print and are therefore extremely sensitive personal data, Siegal alleges.

Snapchat produces a social networking application for smart phones that allows users to send photographs, known as “snaps,” that are automatically deleted within one to ten seconds of receipt. Users can also send “stories” which last for 24 hours and can be viewed repeatedly before they are deleted.

Siegal says the improper data collection happens through Snapchat’s “Lenses” feature, which allows users to add sounds and special effects to their photographs. Snapchat obtained this technology in September 2015 when it acquired Looksery Inc., the San Francisco-based company that created it.

The Lenses technology lets users edit their own photographs to change their appearance or facial expression, or to add certain special effects. These functions require Lenses to take and store specific measurements all over the subject’s face, Siegal says. He argues that the way Snapchat collects this data violates several provisions of the Illinois Biometric Information Privacy Act, or BIPA.

According to Siegal’s Snapchat class action lawsuit, BIPA says private entities may not collect an individual’s biometric data unless it gets a written release from that person authorizing the collection. The data-collecting entity must also inform that person of the collection, the purpose for which the information is being collected, and the length of time for which the information will be stored.

BIPA also requires these entities to publish its retention schedule and guidelines for permanently destroying the biometric information it collects, Siegal says.

According to the plaintiff, he started using Snapchat in November 2015 and has since been sent about ten snaps using the Lenses feature. Siegal says he never gave Snapchat consent to collect his biometric data, and that Snapchat never offered him a written release to sign.

In addition to the Illinois law, Siegal also cites the FTC’s best practices guide for companies that use facial recognition technology. He says the FTC emphasizes the importance of getting a person’s affirmative consent before taking their biometric data.

If certified by the court, Siegal’s proposed plaintiff Class will represent all Snapchat users whose facial biometric information was collected by Snapchat while they were citizens of Illinois.

On behalf of that Class, Siegal seeks an award of $5,000 in statutory damages for each violation of BIPA that is intentional and reckless, or alternatively $1,000 for each violation that is determined to be merely negligent. He’s also asking for injunctive relief including a court order that would require Snapchat to comply with BIPA in its collection of biometric data. Siegal further seeks reimbursement of attorneys’ fees, court costs and other litigation expenses.

Siegal is represented by Tina Wolfson of Ahdoot & Wolfson PC.

The Snapchat Privacy Rights Class Action Lawsuit is Mark Siegal v. Snapchat Inc., Case No. 2:16-cv-3444, in the U.S. District Court for the Central District of California.

UPDATE: Another class action lawsuit has been filed alleging similar allegations. See Martinez v. Snapchat Inc.