The Electronic Frontier Foundation reports it joined an amicus curiae brief, urging the Court of Appeals for the 9th Circuit to interpret Illinois’ Biometric Information Privacy Act in a way that ensures strong biometric privacy protections are upheld. EFF states the case may rule on the effectiveness of BIPA’s enforcement tool. Under BIPA, “any person aggrieved by a violation of this act” can bring action against a company for violating the act. The question lies at whether a person is “aggrieved” by having their data collected without consent or if the person must show actual injury. Plaintiffs in the case on appeal, Patel v. Facebook, argue that Facebook violates BIPA by implementing its facial-recognition technology used to identify individuals in images on the platform.
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