An Illinois woman recently filed a class-action lawsuit against Target, accusing the retail giant of collecting and storing her biometric data without her consent, in violation of state law. Arnetta Dean filed the lawsuit with the intention of holding Target accountable for allegedly collecting, storing, and utilizing customers’ biometric data without proper consent, seeking statutory damages as well. The lawsuit claims that Target’s surveillance systems, including facial recognition technology installed in Illinois stores, secretly collect biometric data on customers without their knowledge or approval.
The lawsuit, filed in Cook County, Illinois, alleges that Target failed to notify customers prior to entering the store about the collection of their biometric data or obtain their consent before doing so. This action violates the state’s Biometric Information Privacy Act (BIPA) which was passed in 2008. Under BIPA, companies in Illinois are prohibited from collecting, storing, or sharing biometric data without obtaining consent and providing proper notice to individuals. Companies are required to inform individuals about the purpose and duration of data collection, as well as retention and destruction policies.
The lawsuit against Target claims that biometric data is irreplaceable and cannot be easily changed if compromised, leading to increased risks of identity theft for individuals. Unlike other identifiers like social security numbers that can be modified if exposed, biometric data is unique to each individual and has no recourse once compromised. Target’s advanced system of electronic surveillance, including facial recognition technology and forensic labs, captures customers’ faces as they enter or leave the store, potentially putting their biometric data at risk.
Under BIPA, individuals have the right to take legal action against companies for violations of the act, with damages ranging from $1,000 for negligent violations to $5,000 for intentional or reckless violations, in addition to attorneys’ fees and other relief. Arnetta Dean’s lawsuit against Target aims to seek $5,000 for each intentional reckless violation of the law or $1,000 for any negligent violations found, as well as attorneys’ fees and costs. Similar class-action lawsuits have been filed against other companies like Facebook, Google, Snapchat, and TikTok for alleged violations of BIPA, resulting in significant settlements and penalties.
In 2022, Facebook settled a lawsuit related to BIPA with a $650 million settlement, leading to over a million Illinois users receiving compensation for the violation of their biometric data. The legal action against companies for illegally collecting and storing biometric data without consent highlights the importance of protecting individuals’ privacy rights and ensuring that companies comply with relevant laws and regulations regarding data collection and usage. The ongoing scrutiny of companies’ practices related to biometric data reflects growing concerns about privacy and data security in the digital age.
