• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Our Services
  • Contact Us
  • Newsletter
  • Top Nav Social Icons

ID Tech Wire small glowing logo

ID Tech

(formerly FindBiometrics)

Facetec
  • LEARN
  • News
    • Featured Articles
    • Interviews
    • Thought Leadership
    • Podcasts
    • Webinars
    • Year in Review
  • Deepfakes & AI
  • Applications
    • Biometric Security
    • Border Control and Airport Biometrics
    • Consumer and Residential Biometrics
    • Financial Biometrics
    • Fingerprint & Biometric Locks
    • Healthcare Biometrics
    • Justice and Law Enforcement Biometrics
    • Logical Access Control Biometrics
    • Mobile Biometrics
    • Other Biometric Applications
    • Physical Access Control Biometrics
    • Biometric Time and Attendance
  • Solutions
    • Behavioral Biometrics
    • Biometric Sensors and Detectors
    • Facial Recognition
    • Biometric Fingerprint Readers
    • Hand Readers & Finger Scanners
    • Iris Recognition
    • Biometric Middleware and Software
    • Multimodal Biometrics
    • Physiological Biometrics
    • Smart Cards
    • Vein Recognition
    • Voice and Speech Recognition
  • Companies
  • Podcasts
  • Events

Judge Rules BIPA Protections Extend to Products Built With Ill-gained Biometric Data

April 19, 2021

US District Judge James Robart has issued a pair of rulings that will likely set an important precedent for future lawsuits involving Illinois’ Biometric Information Privacy Act (BIPA). The rulings were made in two separate class action lawsuits – one against Amazon and another against Microsoft – that allege that the two companies violated the Act by collecting people’s biometric data without their consent.

Judge Rules BIPA Protections Extend to Products Built with Ill-gained Biometric Data

Robart’s decisions specifically concern BIPA section 15(c), which states that organizations cannot “sell, lease, trade, or otherwise profit from a person’s or a customer’s biometric identifier or biometric information.” Both Amazon and Microsoft had been trying to have class actions dismissed, arguing that while they may have gathered biometric data, they did not sell biometric information directly to third parties and therefore did not profit from its sale.  

However, Robart found that that argument was less than compelling, at least in Amazon’s case. The two lawsuits revolve around a facial recognition dataset that was put together with images extracted from Flickr, without the consent of the people in the photos. Amazon used that dataset to train a facial recognition algorithm that has since been integrated into other products that have been sold for profit to law enforcement agencies and other customers.

With that in mind, Robart concluded that that algorithm cannot be meaningfully separated from the data that was used to build it, and that Amazon commercially benefits from its illegal use of biometric data through the continued sale of that algorithm. He therefore allowed the lawsuit against the company to proceed, in the process establishing that BIPA covers products that were developed with biometric data, and not just the data itself.

Microsoft, meanwhile, fared slightly better under the same standard, largely because the company’s use of biometric data does not seem to have informed the design of its products in such a direct way (or at least, the plaintiffs have not yet made such claims in the lawsuit). Robart dismissed that particular portion of the lawsuit, but did so with leave to amend, so the plaintiffs can refile the claim should more evidence become available. The judge also declined to dismiss unjust enrichment claims for either company, so Microsoft is still facing legal action.

Google has tried to argue that BIPA does not cover photographs as it stares down its own class action lawsuit, though that argument would seem to be in jeopardy based on Judge Robart’s latest rulings. Several major companies have now reached large settlements in BIPA lawsuits, though TikTok’s $92 million and Walmart’s $10 million still pale in comparison to the $650 million settlement that Facebook reached last year.

Source: Westlaw Today

–

April 19, 2021 – by Eric Weiss

Related News

  • Plaintiff Abandons BIPA Lawsuit Against Chicago BlackhawksPlaintiff Abandons BIPA Lawsuit Against Chicago Blackhawks
  • Instagram Faces Class Action Lawsuit Under Illinois Biometrics LawInstagram Faces Class Action Lawsuit Under Illinois Biometrics Law
  • Trio of Tech Giants the Latest on Receiving End of BIPA LawsuitsTrio of Tech Giants the Latest on Receiving End of BIPA Lawsuits
  • Google Settles BIPA Lawsuit for $100 MillionGoogle Settles BIPA Lawsuit for $100 Million
  • Clearview AI Reaches Settlement in ACLU’s BIPA LawsuitClearview AI Reaches Settlement in ACLU’s BIPA Lawsuit
  • Court Allows Non-Facebook Users to Proceed with BIPA Lawsuit Against MetaCourt Allows Non-Facebook Users to Proceed with BIPA Lawsuit Against Meta

Filed Under: News Tagged With: Amazon, Biometric, Biometric Information Privacy Act, biometrics, biometrics lawsuits, BIPA, BIPA lawsuits, court rulings, face biometrics, facial recognition, Illinois Biometric Information Privacy Act, Microsoft

Primary Sidebar

ID Talk Podcast jet black promotional banner with fingerprint microphone icon and Listen Now button

Partners

facetec logo

FaceTec’s patented, industry-leading 3D Face Verification and Reverification software anchors digital identity, creating a chain of trust from user onboarding to ongoing authentication on all modern smart devices and webcams. FaceTec’s 3D FaceMaps™ finally make trusted, remote identity verification possible. As the only technology backed by a persistent spoof bounty program and NIST/iBeta Certified Liveness Detection, FaceTec is the global standard for 3D Liveness and Face Matching with millions of users on six continents in financial services, border security, transportation, blockchain, e-voting, social networks, online dating and more. www.facetec.com

Unico is a global identity network that forges trust between people & companies. We identify people globally so they can have safe, efficient and private digital access to services around the world. Unico is present in over 20 countries, and serves 165 million users with over 1.5 billion identity verifications every year. We are the leading global identity network.www.unico.io

Innovatrics company logo with tagline

Innovatrics is an EU-based provider of trusted biometric solutions for governments and enterprises. Our algorithms consistently rank among the fastest and most accurate in fingerprint, face, and iris recognition. Since 2004, we have partnered with all types of organisations to build trusted and flexible biometric identification solutions. Our solutions are used in more than 80 countries, benefiting over a billion people worldwide. https://www.innovatrics.com/

Identity Week logo

Identity Week aims to be a significant identity industry catalyst. It’s our mission is to help accelerate the move towards a world where trusted identity solutions enable governments and commercial organisations to provide citizens, employees, customers and consumers with a multitude of opportunities to transact in a seamless, yet secure manner. All the while preventing the efforts of those intent on doing harm. https://identityweek.net/

The Prism Project logo

The Biometric Digital Identity Prism is a market landscape framework designed to help influencers and decision makers understand, innovate, and implement digital identity technologies and solutions. This innovative framework for understanding and evaluating the rapidly evolving biometric digital identity marketplace is the only market model that is truly biometric-centric based on the foundational conviction that in the age of digital transformation the only true, reliable link between humans and their digital data is biometrics. https://www.the-prism-project.com

Recent Posts

  • AI Update: A Cloned Voice Helped Steal €95 Million from an Italian Bank
  • ID Tech Digest – October 2, 2026
  • SentiLink Receives USDA Authorization for SNAP Identity Fraud Prevention
  • NSW Begins Digital Driver Licence Upgrade With Face Verification and Consent-Based Sharing
  • NAB Plans Encrypted Mobile Licence Checks at Selected Queensland Branches

Biometric Associations

IBIA and fido

Footer

  • About Us
  • Company Directory
  • Advertise With Us
  • Contact Us
  • Privacy Policy
  • Terms of Use
  • Archives
  • CCPA: Do not sell my personal info.

Follow Us

Copyright © 2026 Verse Media