Federal Judge Limits Amazon Photos Biometric Privacy Lawsuit in Illinois
A federal judge in Illinois has allowed a class-action lawsuit against Amazon Photos to proceed, but only for Illinois residents who were direct users of the service and had their facial information processed. The lawsuit, Hogan v. Amazon.com, Inc., filed in 2021, alleges that Amazon Photos violated Illinois' Biometric Information Privacy Act (BIPA) by collecting facial information without proper notice or consent. Amazon Photos uses image recognition to group photos of people with similar facial characteristics, creating 'face embeddings.' The court certified a class of Illinois residents whose faces appeared in photos uploaded to their own Amazon Photos accounts between October 18, 2016, and January 31, 2023, while image recognition was enabled. However, the judge excluded individuals whose faces appeared in photos uploaded by others, citing the extreme difficulty in identifying such non-users. This ruling highlights the complexities of consent and control over personal biometric data, especially when in...