Google recently defeated claims that it violated Illinois's Biometric Identification Privacy Act ("BIPA") by collecting and retaining facial scans created from photographs uploaded by Google Photos users without obtaining consent and complying with other statutory requirements. The federal court ultimately held that plaintiffs failed to allege a concrete injury sufficient for Article III standing. Finding in Google's favor, the court distinguished cases finding standing in BIPA cases because, unlike those cases, Google had not shared plaintiffs' information with any third parties and there was no evidence that the information would be shared or was otherwise at risk. Robin Campbell, India Scarver, and Elliot Golding provide a full summary of this case and its implications here.
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