Capitol Fax.com - Your Illinois News Radar » On at least one issue, Illinois leads the rest of the country
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
On at least one issue, Illinois leads the rest of the country

Tuesday, May 31, 2022 - Posted by Rich Miller

* Greg Bensinger writing for the New York Times

The facial recognition company Clearview AI agreed in a settlement this month to stop selling its massive database of photographs culled from the internet to private firms across the United States. That decision is a direct result of a lawsuit in Illinois, a demonstration that strong privacy laws in a single state can have nationwide ramifications.

The Biometric Information Privacy Act of Illinois sets strict limits on the collection and distribution of personal biometric data, like fingerprints and iris and face scans. The Illinois law is considered among the nation’s strongest, because it limits how much data is collected, requires consumers’ consent and empowers them to sue the companies directly, a right typically limited to the states themselves. While it applies only to Illinois residents, the Clearview case, brought in 2020 by the American Civil Liberties Union, shows that effective statutes can help bring some of Big Tech’s more invasive practices to heel.

Technology companies are in a feverish race to develop reliable means to automate the identification of people through facial scans, thumbprints, palm prints and other personal biometric data. The data is considered particularly valuable because unlike, say, credit card info or home addresses, it cannot be changed. But as these data companies profit by deploying the technology to police departments, federal agencies and a host of private entities, consumers are left with no real guarantees that their personal information is protected.

Facial recognition software, in particular, has been shown to fail too often at identifying people of color, leading in some cases to wrongful arrests and concerns that the software could put up additional barriers to people seeking jobs, unemployment benefits or home loans.

Because the United States lacks meaningful federal privacy protections, states have passed a patchwork of laws that are largely favorable to corporations. By contrast, Europe passed the General Data Protection Regulation six years ago, restricting the online collection and sharing of personal data, despite a tremendous lobbying push against it by the tech companies.

I didn’t fill out the paperwork for the Facebook settlement, but, in full disclosure, I did sign up for a settlement against RayBan

A proposed settlement has been reached in a class action lawsuit under the Illinois Biometric Information Privacy Act regarding biometric facial geometry allegedly collected from consumers who used the Virtual Try-On Application Tool on RayBan.com. The case is Vo v. Luxottica of America Inc., Case No. 2019-CH-10946, currently pending in the Circuit Court of Cook County, Illinois, Chancery Division. The proposed Settlement is not an admission of wrongdoing by the Defendant, and the Defendant denies that it violated the law. The Court has not decided who is right or wrong. Rather, to save the time, expense, and distraction of litigation, the parties have agreed to settle the lawsuit. That Settlement has been preliminarily approved.

I used that app several times when I was looking for new shades.

Your thoughts on this topic?

       

13 Comments
  1. - ;) - Tuesday, May 31, 22 @ 12:33 pm:

    Illinois should pass Sheriff Tom Dart’s IL Right to Know law that Sen Hastings sponsored.


  2. - Yahoo - Tuesday, May 31, 22 @ 12:40 pm:

    Protect BIPA.


  3. - 47th Ward - Tuesday, May 31, 22 @ 12:41 pm:

    Both my wife and I got our $397 checks from FB. We finally found a way to make some cash from social media.


  4. - Steve Polite - Tuesday, May 31, 22 @ 12:43 pm:

    Biometric data should have the strongest privacy protections at the federal level, because if your biometrics are stolen, you can’t change them like you can a password or credit card.


  5. - Abe - Tuesday, May 31, 22 @ 12:46 pm:

    I just deposited my $397 check from the Facebook settlement yesterday. Thanks BIPA.

    Its amazing to me that every year legislators file bills to weaken / dismantle BIPA.


  6. - Leap Day William - Tuesday, May 31, 22 @ 1:21 pm:

    == Its amazing to me that every year legislators file bills to weaken / dismantle BIPA. ==

    We don’t need this law because the free market will provide all the protection you need. You can just opt-out of using anything you don’t want surreptitiously collecting your immutable biometric data, as is your right. /sarcasm

    We gleefully cashed our $397 checks in this house, and are looking forward to future payments from other services.


  7. - Dotnonymous - Tuesday, May 31, 22 @ 1:31 pm:

    Speaking of Poindexter…

    https://publicintegrity.org/national-security/outsourcing-big-brother/


  8. - nunya - Tuesday, May 31, 22 @ 1:36 pm:

    Cashed my Facebook check, signed up for the Snapchat and Android user class action. It’s good law, IMO.


  9. - Nick - Tuesday, May 31, 22 @ 2:35 pm:

    BIPA is just wholly good.

    Protect it at all costs.


  10. - Chicagonk - Tuesday, May 31, 22 @ 3:17 pm:

    BIPA is my new favorite Illinois law - Wife and I both got the Facebook checks. And yes I did rub it into the faces of my Iowa friends.


  11. - thechampaignlife - Tuesday, May 31, 22 @ 6:13 pm:

    BIPA is a good law, but in my opinion it has been erroneously extended to facial recognition. It absolutely should apply to face scans where a laser measures face geometry, to infrared scans of vein and capillary patterns, and to retinal scans. Those data are not readily shared simply by being in public. But taking a normal photo and comparing it to other photos to recognize similarities (something that would not be illegal for a human to do) is a far stretch from biometric data that we should protect legislatively.

    A single photo of you posted online is enough to give anyone in the world the ability to recognize you manually or with software, so the cat is already out of the bag anyway. This just penalizes something which has great potential and practical application while doing little to actually protect your privacy.

    Facial recognition is not the issue. Monetization of your data, lack of control over your data, and collection and use of data about you without your awareness are the issues, biometrics or not. Actual biometrics - DNA, fingerprints, retinal scans, and more - deserve the protection of BIPA, but facial recognition should fall under regular data privacy laws similar to GDPR.


  12. - RNUG - Wednesday, Jun 1, 22 @ 8:48 am:

    Illinois has been a leader in all the various aspects of internet privacy, abuse and cyberbullying for at least 25 years. And, as such, they have helped to shape the nationwide debate on those issues. Now is not the time to slack off on those issues.

    And the household did appreciate the two $397 checks from Facebook.


  13. - Suburban Mom - Wednesday, Jun 1, 22 @ 8:39 pm:

    Major tech companies that are out in front are already largely complying with the GDPR w/r/t their US customers. They already had to put in the time and money to get in compliance 6 years ago, and that’s obviously cheaper to do just once with ALL customer data than in a patchwork fashion over and over. Those companies are already in compliance for the CCPA in California, and prepared for the CRPA update.

    Smart companies also know the federal law is coming and don’t want to be testifying to Congress about their horrible data practices.

    I approve of BIPA extending to photo-matching facial recognition, for a couple of reasons. First, most people did not give their consent for AI to be trained using their personal data. Second, one of the GDPR’s most important provisions is about machine decision-making; there is a HUGE difference between one person looking at two photos and deciding if they match, and a machine making that decision millions of times a day. The latter is far more open to abuse, and very difficult to “appeal.”


Sorry, comments for this post are now closed.


* Proft paper, or not?
* Great mystery solved, kinda
* Today's quotable
* SUBSCRIBERS ONLY - Supplement to today's edition
* Open thread
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Debate open thread
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller