Microsoft Collects and Profits From Uber Drivers’ Biometric Data Without Their Consent, Class Action Lawsuit Claims

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Microsoft has collected and profited from Uber drivers’ biometric data, increasing drivers’ risks of fraud and identity theft, all without their knowledge or consent, a new class action lawsuit alleges.

The class action lawsuit was filed in Illinois on May 12 by lead Plaintiff Mario Peña, who alleges that Microsoft is violating the state’s Biometric Information Privacy Act by collecting and using Uber drivers’ facial biometrics through Uber mobile app’s verification feature.

According to the claim, Microsoft developed a software known as the Face Application Programming Interface (Face API) for Uber to integrate into its mobile or online-apps, which operates by collecting and analyzing individuals’ facial biometrics for security features.

Uber has been using the technology since 2016, requiring all new drivers to provide a headshot and then periodically verify their identity by taking headshots to unlock the app.

Peña, who was a driver for Uber from 2016 to 2018 working primarily in Chicago, submitted a headshot picture to Uber through its mobile application when he first signed up, and then was required to provide subsequent real-time headshots during his time driving for the company as part of the “Real Time ID Check” security feature that allows access to Uber’s platform.

The claim states that, unbeknownst to the Uber drivers, Uber’s “Real Time ID Check” works by taking the driver’s picture and providing it to Microsoft’s Face API software, which extracts their facial biometrics to create a geometric template. It then compares the template with the geometric template obtained from the original picture taken by the driver when they first enrolled.

“However, even though Defendant obtained Plaintiff’s and the other Class members’ facial biometrics, Defendant failed to obtain proper written consent as required by BIPA to collect their facial biometrics, including from Plaintiff and the other Class member,” the claim states.

It adds that Microsoft also failed to make a policy as to its collection, storage, deletion, retention, and security practices regarding the biometric information in its possession publicly available, and that it profited from that data through charges to Uber.

The class action lawsuit says that Peña and other drivers suffered a concrete injury resulting from their facial biometrics being collected, disseminated, and used for profit without their knowledge or consent, “thus materially decreasing the security of this intrinsically inalterable information, and substantially increasing the likelihood that they will suffer as victims of fraud and/or identity theft in the future.”

Peña wants to represent all Uber drivers in Illinois whose facial biometric identifiers or biometric information was collected by Microsoft. He is suing for violations of the Illinois Biometric Information Privacy Act, and seeks certification of the Class, an injunction requiring Microsoft to comply with BIPA, as well as an award of statutory damages to the Class, together with costs and reasonable attorneys’ fees, and a jury trial.

Peña’s class action lawsuit isn’t the only legal action in front of Illinois federal court accusing violations of BIPA. Students who were asked to use facial recognition software to make sure they weren’t cheating in online exams are suing the software provider, ProctorU, saying their biometric data was not kept safe.

Have you ever had to provide your biometric data for security purposes? Are you concerned about how it is managed? Let us know in the comments section!

Pena is represented by Eugene Turin, Timothy Kingsbury, Andrew Heldut, and Colin Buscarini of McGuire Law PC.

The Microsoft Biometric Data Violations Class Action Lawsuit is Pena v. Microsoft Corp., Case No. 2021-CH-02338, in the Circuit Court of Cook County, Illinois, Chancery Division.

Read About More Class Action Lawsuits & Class Action Settlements:

• 100M Dell PC Owners Warned of Decades Old Vulnerabilities, Security Update
• Do You Qualify: Credit and Debit Card Receipt Privacy Lawsuit Claim Review
• Do You Qualify: Uber, Lyft Driver Sexual Assault Lawsuit Claim Review
• BIPA Illinois Class Actions: What You Need To Know