Apple Class Action Says Photos App Defies Privacy Laws

UPDATE: Nov. 12, 2020, Apple must face claims that its facial recognition software violates Illinois’ Biometric Protection Act, according to a recent ruling by a federal judge.

A group of Illinois residents have filed a class action lawsuit against Apple over claims that the company violated state privacy laws by collecting face scans and storing them in its Photos app.

The Illinois residents behind the Apple photos BIPA violation class action lawsuit are Roslyn Hazlitt, Richard Robinson, Yolanda Brown, as well as an anonymous minor Jane Doe, who is represented by an anonymous man, John Doe. They assert that Apple collects biometric identifiers in the form of face scans collected by the Photos app without users’ consent.

The Apple iPhone class action lawsuit claims that Apple’s collection of this data violates the Illinois Biometric Information Privacy Act because it is done without informing customers and obtaining their consent. They also stress that the company makes a practice of collecting this information not just from Apple users, but from all individuals, including minors.

The Apple customers explain that Apple has been collecting Biometric Data automatically though its iPhones since June 13, 2016, when the iOS Version 10 was released. Allegedly, this operating system included the Photos app, which comes pre-installed on Apple devices.

According to the customers, the Apple Photos app collects biometric information through its facial recognition feature. They allege that the facial recognition technology scans a user’s photo library for faces.

The facial recognition technology then reportedly “extracts biometric identifiers” by creating a scan of face geometry from the photographs, and creates a list of frequently found faces to the People album in the Photos app.

The customers stress that the face scans collected by Apple constitute biometric identifiers, as defined by the Illinois Biometric Information Privacy Act — identifiers specific to a person’s physical identity.

The Apple photos BIPA class action lawsuit asserts that the biometric identifiers obtained in the Photos app and image library are stored in what Apple itself calls a “facial recognition database or “facial database.” Allegedly, this database is located in the solid state memory on the user’s Apple device.

The iPhone photos face scan class action lawsuit goes on to say that Apple’s use and storage of biometric information has become more advanced in later operating systems. The customers argue that not only does Apple use face scans to identify people in an image library, but with iOS Version 11, a later operating system, Apple “uses face geometries to model users faces and track the users’ expressions in real time.”

The customers explain that Apple calls this technology “intelligent face recognition.”

According to the Illinois Apple users, Apple touts this technology in advertising its products, selling it as a convenience.

Though the company has advertised the technology, according to the customers, Apple has not developed or published a written policy about how they intend to retain or destroy the biometric data, as the BIPA requires.

The plaintiffs say the company does not provide a way for customers to opt out of the collection of their data.

They note that when a customer purchases an Apple device, they are purchasing the hardware, but not the software. Instead, they are allegedly only purchasing a license to use the software.

The customers then explain that because Apple does not allow users to disable facial recognition software after purchasing a device, then the “use of Apple devices to take or store photographs is conditioned on the collection of Biometric Data” — consumers cannot take or store photos on an Apple device without having their biometric data collected, even if they purchased the device.

Because the devices automatically collect biometric information, the consumers assert that Apple devices are not able to be used in a way that complies with the BIPA. According to the customers, Apple intentionally designed the devices in this manner.

The customers explain that the company profits from its collection of biometric information, because the technology is attractive to many buyers.

However, the company does not properly inform customers of how the data will be used, despite the many advertisements that feature the technology, argues the Apple BIPA violation class action lawsuit.

Have you had your face scan collected by Apple? Was your consent obtained before this information was collected? Share your experiences in the comments below.

The Illinois residents are represented by Jerome J. Schlichter, Andrew D. Schlichter, Alexander L. Braitberg, and Brett Rismiller of Schlicter Bogard & Denton LLP; Christian G. Montory, and Raj N. Shah.

The Apple Photos App Class Action Lawsuit is Roslyn Hazlitt, et al. v. Apple Inc., Case No. 3:20-cv-00421-GCS, in the U.S. District Court for the Southern District of Illinois.

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