An Illinois shopper, Arnetta Dean, has filed a class-action lawsuit against the retail giant, Target Corp., claiming the store violated the Biometric Information Privacy Act (BIPA) of Illinois. According to the lawsuit, Target illegally collected consumers’ biometric data through facial recognition technology in their surveillance systems without proper consent. This purported violation of BIPA could be significant given the act’s stringent requirements for transparency and consent for data collection and management.
Dean’s legal contention is that Target has been infringing upon customers’ privacy by storing biometric identifiers—data that are inherently personal and non-replaceable. The lawsuit argues that customers were neither informed nor asked to give written consent, which is a clear violation of BIPA. Moreover, they allege that Target did not provide a publicly available policy outlining the retention or destruction of the collected data, further flouting the law’s mandates.
Seeking Recourse Under BIPA
The case against Target underscores the potential risks associated with biometric data, such as increased susceptibility to identity theft. Under BIPA, entities found to have recklessly or intentionally violated its provisions could face damages of up to $5,000 per incident. This class-action not only seeks to bring Target’s practices in line with the law but also to obtain compensation for those affected by what they claim are invasions of privacy.
The outcome of this lawsuit could have wide-reaching implications for both companies using biometric data and the consumers whose data is collected. As technology rapidly evolves, the question of privacy rights remains a paramount concern, and the legal system is now being called upon to balance innovation with the protection of individual rights. With Dean’s class-action suit, Illinois once again becomes a battleground for the protection of biometric privacy, signaling the crucial need for companies to comply strictly with privacy legislation.
