Texas Attorney General Ken Paxton has filed a claim against Meta, Facebook’s parent company, under his state’s Capture or Use of Biometric Identifier Act (CUBI) in connection with the company’s facial recognition practices.

Key points:

  • Illinois’ Biometric Information Privacy Act (BIPA) is not lonely at the top anymore. This shows that claims can and will be filed even if the law does not facilitate a private right of action of individuals.
  • Under the complaint, Facebook allegedly derived biometric information from photos and videos uploaded into the system, both of the Facebook users but also of the individuals (non-users) who happened to be included in the photos/videos.
  • Facebook used the biometric information to train and improve its facial recognition technology.
  • The causes of action are: the collection of biometric identifiers without consent, sharing it with third parties, failure to destroy the identifiers within a reasonable time and misleading individuals with respect to such practices.

Read the complaint here.