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A class action has been filed against Google by an individual who alleges that the company created “face templates” from millions of Google Photo users in violation of Illinois’ Biometric Information Privacy Act (BIPA).
Plaintiff Brandon Molander argues that he first signed up for Google Photos around five years ago and later used his smartphone to take pictures which he uploaded to his Google Photos account.
The plaintiff claims that the Google Photos app is set by default to automatically upload all photos taken by the user to the Google Photos service.
After the photos were uploaded to Google Photos, Google allegedly analyzed the photos and scanned the plaintiff’s face by taking geometric data relating to the contours of his face as well as the distances between his eyes, nose, and ears. The plaintiff states that Google used this data to create a “unique template” of his face.
According to the Google Photos class action, his template was then used by Google to find and group together all of the photos which depict his face and was also used by Google to recognize the plaintiff’s gender, age, race, and location.
The plaintiff claims that he never gave consent to Google to collect or store his unique biometric identifiers or biometric information. In addition, the plaintiff states that he never signed a written release which would allow Google to collect or store his unique biometric identifiers or biometric information.
“Likewise, Google never provided Plaintiff Molander with an opportunity to prohibit or prevent the collection, storage, or use of his unique biometric identifiers or biometric information,” the Google class action lawsuit claims.
Molander states that by actively collecting, storing, and using the biometrics of millions of individuals, Google is in direct violation of Illinois’ Biometric Information Privacy Act (BIPA). This act aims to protect Illinois citizens and their biometrics.
The Google class action notes that biometrics are biologically unique to the individual and, once compromised, individuals have no recourse and are at heightened risk for identity theft.
In addition, the plaintiff notes that the Federal Trade Commission has recently released a “Best Practices” guide for companies to use when working with biometric facial recognition technology. The guide notes that it is important for companies to obtain an affirmative consent before collecting consumer’s biometric identifiers and biometric information.
The Google class action states that the French government has fined Google approximately $57 million for not clearly explaining how it uses users’ personal information.
“France alleged Google violated the GDPR by failing to (1) concisely present consumers with essential information regarding how it processed their data, with consumers needing to navigate five to six steps to discover data collection and retention details, and (2) obtain informed consent from consumers to process their data, with consumers lacking requisite understanding of the exact nature of their consent and were not required to provide consent for each specified use of their data,” the Google class action lawsuit states.
Prospective Class Members include: “All individuals who had their biometric identifiers, including scans of face geometry, collected, captured, received, or otherwise obtained by Google from photographs uploaded within the state of Illinois.”
Do you use Google Photos? If so, leave a message in the comments section below.
The plaintiff is represented by Tina Wolfson, Robert Ahdoot, Theodore W. Maya and Bradley K. King of Ahdoot & Wolfson PC, and David P. Milian of Carey Rodriguez Milian Gonya LLP.
The Google Biometrics Class Action Lawsuit is Brandon Molander v. Google LLC, Case No. 5:20-cv-00918, in U.S. District Court for the Northern District of California.
49 thoughts onGoogle Class Action Says Photo App Violates BIPA
Please add me I’m in Illinois and use Google photos
Add me
Please add me to this lawsuit. I am an IL Resident who has been using Google Photos for years.
Add me please I live in Ill
Illinois resident during this time, add me.
Illinois resident