Background
In Patel v. Facebook, users alleged that Facebook’s facial-recognition feature, “Tag Suggestions,” collected and stored biometric identifiers without informed consent, violating Illinois’ Biometric Information Privacy Act (BIPA). Facebook sought dismissal, arguing the plaintiffs lacked Article III standing because no concrete harm was shown. The Ninth Circuit affirmed class-certification and standing, holding that unauthorized collection of biometric data constitutes a concrete injury under BIPA. The case later led to a record-setting $650 million settlement.
AI interaction
‘The development of a face template using facial-recognition technology without consent invades an individual’s private affairs and concrete interests.’ The judgment established that automated facial-recognition systems can inflict legally cognizable privacy harm even without physical or economic damage, setting a major precedent for AI-driven data-protection and consent regimes in the United States.
Note: Patel v. Facebook remains the leading U.S. appellate precedent interpreting BIPA and stands as a cornerstone for AI-related privacy litigation, reinforcing that algorithmic biometric profiling engages fundamental privacy rights.