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An Illinois resident has filed a class action lawsuit against Google on behalf of his two children over claims that the tech giant wrongfully collects biometric information from kids through ChromeBooks distributed in public schools.
The Chromebook data collection class action lawsuit was filed by Clinton Farwell, who says that he has two children in Illinois primary schools. His children reportedly use ChromeBook laptops at school, which featured the “G Suite for Education” software.
Farwell says that, during the course of their use of the laptop, his children’s biometric identifiers were collected in a way that violates Illinois and federal law.
The class action lawsuit states that Google provides ChromeBook laptops to schools around the country, which are used by students. Allegedly, the laptops are equipped with the G Suite for Education, a platform that is used for educational purposes and is accessed via face scans or voice recordings.
Children reportedly must speak into a microphone to have their voice recorded or look into the laptop camera and have their face scanned to use the program.
According to the Google class action, the collection of this information constitutes the collection of biometric information — “unique, immutable, and highly sensitive biometric identifiers.”
Allegedly, because this information was collected without Farwell’s knowledge and consent, it violated the Children’s Online Privacy Protection Act, a federal law. He states that the law requires parties to get consent from guardians of kids under the age of 13.
Farwell notes that COPPA specifically regulates sites and content especially designed for children. In the words of the law, this includes “subject matter, visual content, use of animated characters or child-oriented activities and incentives…and other characteristics of the Web site or online service…that appeal to children.”
The Google ChromeBook class action argues that G Suite for Education specifically is targeted at children, and notes that, as the program’s operator, Google should be held liable for violations of COPPA.
Additionally, Farwell asserts that the collection of this data violates the Illinois Biometric Information Privacy Act. The BIPA requires parties that collect biometric information to inform individuals of how and why the information is being stored in addition to how and when it will be destroyed. However, according to Farwell, Google did not provide this information.
The Google class action lawsuit stresses that the stakes of violating laws that regulate the collection of biometric information are high.
According to Farwell, the information is valuable to thieves and those who seek to commit identity theft and fraud.
The plaintiff notes that where other information like credit card numbers and passwords can be replaced in the event of fraud, the same cannot be said of biometric identifiers like fingerprints and face scans.
Having biometric information stolen can set someone up for long term financial injury and inconvenience, and the damage of this can take significant effort to repair.
The Google biometric info class action lawsuit claims that the biometric information Google collects becomes even more damaging when paired with other data that is attainable from their use of the ChromeBooks, including physical locations, contact lists, websites visited, search terms used, videos watch, passwords used, and behavioral information. Allegedly, this information can be used for targeted advertising, and more nefarious purposes.
The Google biometric privacy class action lawsuit seeks to represent two Classes of individuals — one whose cases represent a BIPA violation and one whose cases represent a COPPA violation.
The proposed BIPA Class is all of those Illinois residents who used the G Suite for Education at a primary or secondary school, and whose biometric information was collected after March 26, 2015.
The proposed COPPA Class includes all under 13-year old children around the country who used G Suite for Education and whose biometric information was collected after March 26, 2015.
Farwell seeks damages on behalf of the BIPA Class in the form of $1,000 for each negligent violation of the law and $5,000 for each knowing or reckless violation of the law.
He also seeks damages on behalf of the COPPA Class to compensate for alleged damage done to them. In the case of both Classes, Farwell seeks injunctions barring Google from violating BIPA and COPPA in the future.
Have you had your biometric information collected? Share your experience in the comments below.
The plaintiff is represented by Timothy Fisher of Bursor & Fisher PA and David W. Hall of Hedin Hall LLP.
The Google ChromeBook School Biometric Identifier Collection Class Action Lawsuit is HK, et al. v. Google Inc., Case No. 5:20-cv-02257, in the U.S. District Court for the Northern District of California.
204 thoughts onGoogle Class Action Says Kids’ Data Collected From School ChromeBooks
Add me plz
My son simply wants to opt out of having his son using the Chromebook in school. The school paperwork says he can opt out but when he tried, the school has said he will have to dis-enrolled from public school and be home schooled if the child does not use Chromebook. When did this become mandatory to attend school? We are in TN.
Add us to the Chrome. Mine also had to use these methods.
We all dealt with this during covid I have twins and an older child who did
I have two daughters that are forced to use Google Chrome books from the schools here in California. My youngest daughter’s school was hacked last year and had access to everyone’s info in that school. Add me to your list. Thank you.
Yes my child has been doin forced virtual shcool since covid hit , add me.
Add me please