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Ninth Circuit Rejects Facial Recognition Claim Against Facebook

Posted on July 3, 2019June 24, 2025 by Dissent

From Hunton Andrews Kurth:

On June 14, 2019, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of Facebook, holding that the company did not violate the Illinois Biometric Information Privacy Act (“BIPA”) (740 ICLS ¶¶ 15, 20).

The appeal concerned a photograph that had been uploaded to a Facebook organizational page of a local news service, not an individual Facebook user’s page. The appellant claimed that Facebook had subjected the photograph to facial recognition technology to capture biometric data without the appellant’s consent.

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