Biometric privacy claims over facial recognition feature in the video game NBA 2K were dismissed for lack of concrete harm
The lawsuit and the ruling were focused on non-security-based collections of biometric data, in this case, facial images. The ruling in favor of Take-Two it makes you wonder if this will set precedence in other areas like loss prevention where a store might want to use face recognition to deter shoplifters and organized crime. Under the Illinois Biometric Information Privacy Act an entity cannot collect, capture, purchase, or otherwise obtain a person’s “biometric identifier” or “biometric information,” unless it first informs the subject in writing that a biometric identifier is being collected. While this statute is not a federal law, Illinois may have set a legal precedent that could have long-term effects in the field of Biometric privacy.
