Google settles biometric privacy lawsuit over facial recognition dataset
The case centered on Illinois’ Biometric Information Privacy Act and the use of a public dataset to improve algorithmic fairness.
Google has reached a settlement in a long-running lawsuit over its use of biometric data to train facial recognition systems. The case, filed in 2020, alleged that the company violated Illinois’ Biometric Information Privacy Act (BIPA) by using images of Illinois residents contained in an open-source dataset developed by IBM.
The dataset, known as Diversity in Faces, was designed to help researchers identify and reduce bias in facial recognition algorithms. However, plaintiffs argued that it included biometric data drawn from a Flickr photo collection that featured individuals from Illinois, making its use unlawful under state law.
The lawsuit was initially dismissed in March 2024 on the grounds of extraterritoriality, with the court ruling that the alleged conduct largely occurred outside Illinois. The plaintiffs later filed an amended complaint, which was partially upheld in December 2024, allowing parts of the case to proceed.
After years of litigation, both parties filed a stipulation of dismissal following an agreement to settle. The terms of the settlement remain undisclosed, and the parties have 60 days to complete their respective obligations.
Why does it matter?
The case adds to a series of BIPA-related lawsuits brought against technology companies over the collection and use of biometric identifiers, such as facial geometry, fingerprints, or voice data, without explicit consent. Illinois remains the only US state with a comprehensive private right of action under biometric privacy law, making it a focal point for privacy litigation.
