![]() Notably, the complaint has no allegations Apple stores fingerprint or facial scans on separate servers or that there is an impediment preventing users from deleting their locally stored data. The process established the devices and Apple’s software are tools, “but it is the user herself who utilizes these tools to capture her own biometric information.” The panel said the complaint underscored this point by inclusion of step-by-step photos for using Face ID and Touch ID. In fact, the user must undertake a series of steps in order to use them.” “Based on the facts alleged by plaintiffs, it seems as though Apple designed these features almost with the express purpose of handing control to the user. “In essence, plaintiffs are arguing that, since they chose to employ Apple’s optional software to collect, analyze and store their own information on their own devices, they handed control over their information to Apple,” Johnson wrote. “The word ‘possession’ is not defined in” BIPA, Johnson wrote.Īnd although the plaintiffs alleged “Apple ‘possesses’ their information because Apple software collected and analyzes their information,” the panel found the argument improperly equates the company with its products. 23 Justices Carl Walker and Sanjay Tailor concurred. ![]() Justice Sharon Oden Johnson wrote the opinion, issued Dec. ![]() The plaintiffs challenged Cohen’s opinion before the Illinois First District Appellate Court. Rather, the biometric software uses scanned images to “create a unique mathematical representation.” According to their class action complaint, Apple didn’t have a written policy regarding retention and destruction of personal biometric data, nor did it obtain written consent before obtaining the information, actions allegedly required by the BIPA law before the company could scan their so-called biometric identifiers.Ĭook County Judge Neil Cohen dismissed the complaint in January.Īlthough Apple iPhone, iPad and MacBook devices use either Touch ID or Face ID technology to recognize individual fingerprint and facial data to unlock the devices or log in to Apple Pay and App Store platforms, the equipment doesn’t store a user’s biometric data, the judge determined. Plaintiffs David Barnett, Ethel Burr and Michael Henderson sued Apple in Cook County Circuit Court in June 2021, alleging the company violated the Illinois Biometric Privacy Information Act through the fingerprint and facial recognition features of its phones, tablets and computers. A state appeals panel has agreed a trial court was correct to dismiss a class action accusing Apple of violating a biometric privacy law because, while Apple devices may scan their faces and fingerprints, the plaintiffs haven't shown Apple actually every retained those scans. ![]()
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