Facebook's $650 million biometric privacy settlement is concluded with a final payout of $7.20 to over one million Illinois's Facebook users this week. Each user has received about $435 in total, as detailed by the Chicago Tribune.
The legal saga began in April 2015 to unequivocally pose a question about Facebook's use of facial tagging features without consent, alleged to infract Illinois privacy law. Originating from Cook County Circuit Court, it subsequently traversed the federal court in Chicago and California, finally obtaining class-action status, according to the Chicago Tribune.
Beyond benefitting Illinois Facebook users, the lawsuit has sparked debates on privacy practices across the U.S. companies. At its forefront is the Illinois Biometric Information Privacy Act (BIPA) - the toughest in the nation. BIPA stresses companies to secure consent before leveraging technology like facial recognition and fingerprint scans for identifying customers or employees.
In February 2021, a California federal judge issued final approval to the $650 million settlement. However, the dispersal waited for until May 2022, which saw the distribution of nearly $550 million to 1.38 million Illinois Facebook users who filed valid claims. As indicated by NBC Chicago, the first round of checks amounted to $397, with the second round amounting to $30.61.
The third and final payout round is expected to reach recipients within the upcoming weeks. According to the Chicago Tribune, Facebook settlement administrator advises users to defer inquiries till early December.
The leftover funds from the settlement will be donated to the American Civil Liberties Union of Illinois, as referenced in the court documents. This encapsulates the significant implications of the biometric privacy settlement for both individuals and companies.
The Illinois Supreme Court in February ruled in, favorably higher damages can be yielded for biometric privacy claims against companies each time information is collected without consent. BIPA facilitates awards of $1,000 for negligent violations to employ and $5,000 for intentional ones. As mentioned in The Chicago Tribune article, a recent instance saw a Chicago federal judge ruling that Samsung must pay over $4 million in filing fees to begin a mass arbitration case with 50,000 petitioners alleging violation of BIPA through facial recognition technology on Galaxy devices without user consent.
With growing advancements in technology and shifting privacy laws, it is incumbent upon businesses to diligently respect user consent and strike a balance between innovation and consumer rights.
