All precedents

Court decision · 8 August 2019

Patel v. Facebook, Inc.

932 F.3d 1264 (9th Cir. 2019) · U.S. Court of Appeals for the Ninth Circuit

United StatesBiometrics

What it means for your code

Face-recognition features default-on for users is a class-action magnet; make them opt-in with written consent.

What happened

Illinois users alleged Facebook's photo tag suggestions created face templates without BIPA notice and consent.

What was decided

Creating face templates without consent invades concrete privacy interests, giving plaintiffs Article III standing; class certification was affirmed. The case later settled for USD 650 million.

⚖ USD 650 million class settlement (2021)

The legal test applied

  • Creating face templates without consent invades concrete privacy interests sufficient for Article III standing

What would have changed the outcome

  • Opt-in face features with written release
Read the decision at the source

Summary and analysis by Lawpatch, checked by an editor against the source. Risk analysis, not legal advice; the law may have moved on since this decision.