Target Corporation is facing a class-action lawsuit for allegedly violating the Illinois Biometric Information Privacy Act (BIPA), which restricts the collection and storage of biometric data without explicit consent. The lawsuit, led by Illinois resident Arnetta Dean, accuses the retail giant of implementing surveillance systems that “surreptitiously” harvest biometric data, such as facial recognition information, from customers without prior notification.
The complaint lodged in a Cook County Court on March 11 claims that “Target does not notify customers of this fact prior to store entry, nor does it obtain consent prior to collecting its customers’ Biometric Data,” highlighting a breach of the Illinois statute that demands clear communication and informed consent from individuals before gathering their biometric identifiers.
Enacted in 2008, BIPA stipulates that Illinois companies are forbidden from gathering, storing, or disseminating biometric data without notifying individuals and securing their consent. Furthermore, companies must disclose the intended purpose and duration of data collection to individuals, along with information on how the data will be stored and the timeline for its destruction.
The lawsuit highlighted that biometric data differs from other identifiers utilized for accessing sensitive information due to its biological uniqueness, making it difficult to alter if compromised. This places individuals at a higher risk of identity theft.
The lawsuit stated, “For instance, social security numbers can be changed if compromised. However, biometric data is inherently unique to each individual; hence, once compromised, individuals have no means of recourse, face an increased risk of identity theft, and are likely to refrain from transactions facilitated by biometrics.”
Target’s sophisticated surveillance network, complete with 14 investigation centers and two forensic labs, is ostensibly designed to bolster anti-theft measures. However, the lawsuit alleges that this system inadvertently captures customers’ faces each time they patronize the store.
The suit is not an isolated incident. In a notable example from 2022, Facebook settled for $650 million after being accused of similar transgressions, with over a million users in Illinois receiving nearly $400 each.
According to BIPA, individuals have the right to take legal action and file a lawsuit for violations, with potential damages ranging from $1,000 for negligent breaches to $5,000 for intentional or reckless violations, along with attorneys’ fees and injunctive relief.
Relevant articles:
– Target hit with class-action lawsuit claiming it violated Illinois’ biometric privacy law
– Illinois woman files class action lawsuit against Target for collecting biometric data without consent, FOX 32 Chicago, Mon, 15 Apr 2024 21:42:07 GMT
– Illinois woman hits Target with class action lawsuit for collecting biometric data without her consent, Fox Business, Tue, 16 Apr 2024 09:29:00 GMT
– Illinois woman sues Target for collecting face, finger print scans without her consent, WLS-TV, Wed, 17 Apr 2024 14:24:30 GMT