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Facial Recognition Privacy Lawsuits
Coverage from PPC Land, All About Cookies, and others
Facial-recognition features in photo services have prompted lawsuits alleging that faceprints or other biometric identifiers were created or stored without legally required notice and consent.
A prominent Illinois case concerns Apple Photos’ People feature and the Illinois Biometric Information Privacy Act (BIPA), including disputes over whether locally generated facial data and related iCloud processing fall under the law. BIPA’s per-violation damages can make class actions financially significant, while courts must still determine liability. Earlier litigation over Facebook’s facial-recognition practices, resolved through a substantial settlement, offers a point of comparison.
If you read one thing
It clearly explains why the Apple case remains alive and identifies the unresolved questions about biometric status and Apple’s control of Photos data.
Latest development
This recent story-driver update covers the case’s current posture and puts its substantial potential damages in context as unresolved.
Best explainer
The MAC ruling illustrates how BIPA may cover face mapping even when the scan is not tied to a person’s name.
The evidence
The Samsung dismissal offers a distinct example of how allegations about company control can limit BIPA liability.
Apple case advances, but core merits remain unresolved
The Apple Photos case remains on a class-wide track, with most claims proceeding and key questions about whether faceprints are protected biometric data and whether Apple controls them still unresolved. A court narrowed some claims, but liability has not been decided and a jury trial is expected.
Class-wide scale creates substantial contingent exposure
Certification places millions of Illinois users on a class-wide track, creating estimated multibillion-dollar exposure under BIPA. These figures are potential damages, not an award, and depend on plaintiffs proving violations.
BIPA boundaries turn on biometric status and data control
Illinois cases are testing both what counts as protected face data and whether a company possesses or controls it. The MAC ruling indicates face mapping may qualify without identifying someone by name, while Samsung's dismissal and Apple's unresolved control dispute show outcomes depend on the technology and case-specific facts.
$650 million
Facebook settlement amount
“Facebook settled that case for $650 million in 2020; final approval came in February 2021, and the company discontinued the feature and deleted faceprints of more than one billion people.”
more than one billion people
people whose faceprints Facebook deleted
“Facebook settled that case for $650 million in 2020; final approval came in February 2021, and the company discontinued the feature and deleted faceprints of more than one billion people.”
$40 billion
potential aggregate penalties
“The lawsuit could expose Apple to penalties of up to $5,000 per person for intentional or reckless violations, potentially approaching $40 billion if the estimated class of 8 million residents is included.”
$5,000 per person
maximum potential penalty for intentional or reckless violations
“The lawsuit could expose Apple to penalties of up to $5,000 per person for intentional or reckless violations, potentially approaching $40 billion if the estimated class of 8 million residents is included.”
April 2027
expected jury trial date
“The case is expected to go to a jury in April 2027.”
Apple faceprint suit advances toward a jury
A federal judge rejected most of Apple’s bid to end the Illinois BIPA case, leaving a jury to decide whether Photos faceprints qualify as protected biometric data and whether Apple controls them. The ruling also leaves open whether Apple’s access to encryption keys gives it control of synced data; it does not determine liability.
Previously
Lawsuits and court rulings in Illinois are testing how the state's Biometric Information Privacy Act applies to facial recognition in photo libraries, virtual try-on tools, and other consumer technologies. An Apple Photos class action can proceed, while a separate Samsung case was dismissed and a ruling in the MAC Cosmetics case found that face mapping can trigger BIPA protections. These proceedings may clarify how the law treats biometric data processed on devices and what notice or consent is required, but the Apple claims and potential damages remain unresolved.