Ill. Court Won't Stop Privacy Suit Against Facial Recognition Company
An Illinois court denied Clearview AI’s motion to dismiss a privacy lawsuit alleging the company’s facial recognition technology violated people’s privacy. The American Civil Liberties Union and others said the company violated the Illinois Biometric Information Privacy Act (BIPA) (see…
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2005280032). “This case touches on matters of significant public interest,” Illinois Circuit Court in Cook County Judge Pamela McLean Meyerson wrote Friday. The complaint can’t be dismissed on jurisdictional grounds because Clearview targeted Illinois customers, the judge said. She disagreed with Clearview that BIPA doesn’t apply to face-prints. Clearview’s dormant Commerce Clause argument -- that BIPA can’t be applied because it would control the company’s conduct outside Illinois -- “would reward reckless disregard of the law in blind deference to technology,” she said. The judge disagreed that BIPA violates the First Amendment, saying BIPA restrictions on Clearview’s free speech “are no greater than what’s essential to further Illinois’ interest in protecting its citizens’ privacy and security.” The judge said Friday’s decision doesn’t mean the court found Clearview liable for violating BIPA but that the court has jurisdiction and the complaint “states a cause of action for which relief may be granted.” ACLU praised the ruling. “Without regulations like BIPA, companies like Clearview could end privacy as we know it,” said Vera Eidelman, staff attorney-ACLU Speech, Privacy and Technology Project. “This ruling protects our clients’ rights, and sends a strong message to lawmakers across the country that they can protect privacy without running afoul of the First Amendment.” Clearview AI didn't comment by our deadline.