In a recent legal development, Meta, the parent company of Instagram, has agreed to an Instagram BIPA settlement of $68.5 million in a class action lawsuit filed by Illinois users.
The lawsuit claimed that Instagram’s facial recognition technology violated Illinois’ Biometric Information Privacy Act, which is known as the strictest biometrics law in the United States. The contentious feature was removed from the app back in November 2021.
Background of the Instagram BIPA settlement
The essence of the lawsuit revolved around allegations that Instagram’s facial recognition software not only utilized an individual’s template for tagging and content suggestions across Facebook (which is also owned by Meta), but it also captured users’ biometrics without obtaining proper informed consent – a clear violation of Illinois law.
The settlement is aimed at compensating anyone who used Instagram in Illinois between August 10, 2015, and August 16 of the current year. Eligible users can submit an online claim until late September to be entitled to a portion of the Instagram BIPA settlement, provided that the court gives the final approval. The exact payout for each individual will depend on the number of claim submissions and the duration of their Instagram usage during the specified time frame.
Once all claims are accounted for, the settlement amount will be divided proportionally among users based on their duration of Instagram use. After distribution, the remaining funds will be allocated to attorneys, taxes, the settlement administration group, and a group of class representatives who represented the Instagram users in the legal proceedings.
While the specific payout amount per user remains uncertain, it’s worth noting that in a similar lawsuit concerning Facebook, another property of Meta, some users received settlements of over $400, as reported by the Chicago Tribune.
The scale of the settlement is substantial, with plaintiff attorneys estimating that approximately four million people will be eligible to claim a portion of the $68.5 million if they submit their claims online.
Meta is only one of many victims of Illanois’ strict biometrics privacy law
This is not an isolated incident, as Instagram joins a growing list of technology companies grappling with Illinois’ stringent biometrics privacy law. Meta had to reach a settlement for Facebook in May 2022, while Google, under parent company Alphabet, faced a similar lawsuit in 2022 related to Google Photos’ alleged unlawful collection of biometrics. Snapchat, owned by parent company Snap Inc., also reached a settlement in August 2022, according to reports from the Chicago Sun-Times and ABC7 Chicago.
Additionally, Meta is currently involved in a larger nationwide class action lawsuit that stems from a privacy scandal in 2018 involving Cambridge Analytica. The lawsuit alleges that Facebook, under Meta’s ownership, improperly shared user information with third-party sources, with the data allegedly used to profile voters for Donald Trump’s presidential campaign. In parallel to the Instagram class action, anyone who used Facebook from May 24, 2007, to December 22, 2022, has the opportunity to submit a claim online until late August and receive a portion of a $725 million settlement.
The outcome of the Instagram BIPA settlement underscores the importance of biometric data protection and raises awareness about the responsibilities of social media platforms and tech companies when handling sensitive user information. With the growing prevalence of facial recognition technology and biometric data usage, stringent laws and regulations will likely continue to play a significant role in safeguarding individuals’ privacy rights in the digital age.
As the number of lawsuits that social media companies are facing increases, it is also worthwhile to check out why Canada bans Facebook and Instagram advertising.
Featured Image: Credit
