Written By Facebook, the social media giant, has agreed to pay $725 million to settle a class-action lawsuit over alleged violations of Illinois’ Biometric Information Privacy Act (BIPA). The settlement is one of the largest ever for a privacy violation case in the US. The lawsuit claimed that Facebook’s facial recognition technology violated the state’s law by collecting and storing users’ biometric data without their consent.
The settlement was announced on January 29, 2022, and the court approved it on March 2, 2022. Facebook did not admit any wrongdoing in the settlement, but it agreed to make changes to its facial recognition technology to comply with BIPA.
The settlement covers Facebook users in Illinois who uploaded photos to the platform between June 7, 2011, and August 19, 2021. Eligible users will receive a share of the settlement, which will be distributed on a per-person basis.
So, how can users claim their share of the settlement? Here’s what you need to know.
Who is eligible for the settlement?
To be eligible for the settlement, you must have lived in Illinois for at least six months between June 7, 2011, and August 19, 2021, and have a Facebook account. You must have uploaded photos to the platform during that time that Facebook used facial recognition technology to recognize you or others in the photos.
If you’re not sure whether you’re eligible, you can check your Facebook account’s activity log to see if you’ve uploaded any photos during the relevant period. If you’re still unsure, you can go to the settlement website and enter your Facebook user ID to find out if you’re eligible.
How much will eligible users receive?
The amount each user receives will depend on how many people submit a valid claim. The settlement fund will be distributed on a per-person basis, so the more people who submit a claim, the less each person will receive.
The settlement agreement states that each eligible user will receive a minimum payment of $200, but the actual payment could be higher or lower depending on the number of claims submitted. If the number of claims exceeds the available settlement fund, the payments will be reduced proportionally.
How to file a claim?
To claim your share of the settlement, you must file a claim by November 23, 2022. You can file a claim online or by mail.
To file a claim online, go to the settlement website, and click on the “File a Claim” button. You will need to provide your name, email address, and Facebook user ID, as well as information about the photos you uploaded during the relevant period.
If you prefer to file a claim by mail, you can download a claim form from the settlement website and mail it to the settlement administrator. You must include your name, email address, and Facebook user ID, as well as information about the photos you uploaded during the relevant period.
What are the terms of the settlement?
In addition to the $725 million payment, Facebook agreed to several other terms as part of the settlement.
First, the company will provide more information to users about its facial recognition technology, including a “clear and conspicuous notice” that the technology is being used and the purposes for which it is being used.
Second, Facebook will obtain explicit consent from Illinois users before using their biometric data, as required by BIPA. The company will also delete any biometric data it has collected from Illinois users unless they provide explicit consent for Facebook to keep the data.
Finally, Facebook will maintain a data retention schedule for biometric data and will provide annual reports to the Illinois Attorney General’s office about its compliance with BIPA.
