The US mobile carrier T-Mobile is facing a class action lawsuit for alleged violations of New York City’s biometric privacy protections.
The plaintiff, Valeriia Borzenkova, alleges that T-Mobile profited from its collection of biometric data while harming customers, including the risk that their sensitive data would be misused.
Enacted in 2021, New York City’s Biometric Identifier Information Law requires businesses like stores and restaurants that collect biometrics, including fingerprints or facial scans, to inform customers with clear signage. The law also prohibits businesses from profiting from this data by selling or trading it, and gives individuals the right to sue businesses that violate the law, ensuring businesses are held accountable for how they handle sensitive biometric information.
“T-Mobile improperly uses the biometric data it collects from consumers to secure their stores, rather than paying for security guards or other security measures, as well as to prevent fraud,” Borzenkova’s filing states. “Although these purposes may seem innocuous, they are unlawful… T-Mobile’s profit-motivated use of its facial recognition, eye scan, and voiceprint technology systems violates the protected and valuable privacy rights of all consumers in their unique and personal biometric identifier information, in accordance with New York City law.”
The way that T-Mobile is alleged to be profiting from its collection of biometric data is by applying this practice to “loss prevention, generating profits by reducing the number of stolen goods,” the filing explains.
The city’s Biometric Identifier Information Law came about as a response to both public advocacy and as a preemptive measure to regulate the use and management of biometric data. Activists, privacy advocates, and citizens pushed for greater control and transparency over how personal data was collected and used, citing cases where data mishandling had led to serious breaches of privacy.
The New York City Council, recognizing the need to balance technological advancement with individual rights, crafted the law to protect consumers. It aimed to ensure that businesses clearly inform their customers about the collection of biometric data and strictly prohibit the sale of such data, thereby fostering a more secure and transparent environment for the use of new technologies.
The plaintiff in the case against T-Mobile is asking the court for statutory damages and to cover legal costs, and has demanded a jury trial.
Source: Bloomberg Law
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April 24, 2024 – by Alex Perala
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