Jennifer Lynch, a senior attorney for the Electronic Frontier Foundation, said the challenge to Facebook may be the Illinois law's first test case.

"To my knowledge, this is the first time anyone has tested Illinois' biometrics law, so it will be interesting to see if the court will find Facebook violated that law," Lynch told the Washington Examiner. "If the court does find Facebook violated the law, it would require Facebook to ask all of its users in Illinois for their permission to use face recognition before Facebook could use the technology."

Lynch said she would prefer to see a federal law "that clearly protects our privacy and prevents companies from using our biometrics without consent." However, because it would be difficult to discern when pictures of Illinois' nearly 13 million residents are uploaded, a ruling for the plaintiff could have implications for the way Facebook treats all of its users.

Facebook did not reply to requests for comment.

Thursday, September 10, 2015
Washington Examiner