Hunton Andrews Kurth notes that Texas Attorney General Ken Paxton is investigating Facebook for alleged violations of the Texas Business and Commercial Code, which contains provisions governing the collection, retention and disclosure of biometric data. I must have missed that press release, so let’s see what this law firm says, as they suggest the investigation was prompted by Facebook’s $650 million settlement for violating Illinois’s biometric privacy law by using facial recognition without the permission of its users.
While the exact violations alleged are not clear, Paxton has sought discovery material from the Illinois case, suggesting the investigation relates to the use of facial recognition in Facebook’s photo tagging function. Texas law allows the Texas Attorney General to bring suit on behalf of injured parties, and allows for damages totaling up to $25,000 per violation.
Wouldn’t it have made sense for all state attorneys general where the states have a biometric data privacy or facial recognition law on the books to collaborate on a suit?