Move over BIPA. CUBI is here.

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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.

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