Apple 'faceprints' case tests reach of biometric privacy law
AAPL•An Illinois federal judge denied most of Apple’s request for summary judgment in a class action alleging its Photos app collects facial biometric data without notice or consent. Trial is scheduled for April 2027; plaintiffs estimate the class includes about 8 million Illinois residents and say potential penalties could reach $40 billion.
1. Claims head to trial
The lawsuit alleges Apple’s Photos app automatically creates and stores faceprints from images on users’ devices without informing them or obtaining written consent. Apple denies wrongdoing and argues its technology compares whether pictures look alike rather than identifying people, and that encrypted data it cannot decipher is not under its control.
2. Judge rejects key argument
In a decision issued Sept. 30 and made public Oct. 8, U.S. District Judge Nancy Rosenstengel rejected most of Apple’s summary judgment arguments, including that encryption means the company does not control the data. She wrote that Apple could rewrite, disclose, decrypt or delete the faceprint data because it controls the software and servers where it is maintained.
3. Potential penalties and scope
Plaintiffs’ lawyers estimate the certified class includes about 8 million Illinois residents. The state’s biometric privacy law allows a maximum penalty of $5,000 per person for intentional or reckless violations, potentially totaling $40 billion if a jury finds Apple liable. The jury will consider whether the faceprints qualify as scans of face geometry and can identify individuals.
