US Photo Site Sued for Facial Data Breach

Facial analysis software used by online photo sharing site Shutterfly is the subject of a federal class action in a Chicago court. Illinois is one of only two US states which restricts the use of biometric data, and the suit claims millions of people's data is being stored without permission.

Shutterfly's database holds 20 billion photos, and plaintiff Brian Norberg of Chicago says his image is included despite his never having had an account with or given any permission to Shutterfly or its ThisLife subsidiary, reports www.courthousenews.com .

Norberg says his face template is storied in Shutterfly's database because one of its users uploaded photos of him - when a second picture including him was uploaded, the site recognised him, using 'photo ranking algorithms' and 'advanced image analysis' to create highly detailed geometric maps of the face, based on points and contours as unique to a particular individual as are fingerprints and voiceprints.

The firm reportedly had twenty billion photos in its database as long ago as 2013, and by collecting, storing, and using those of non-users is said to be in breach of the 2008 Illinois Biometric Information Privacy Act, which requires written consent for the collection and storage of such personal data. Norberg seeks class certification, an injunction, and damages of $5,000 for each 'intentional and reckless violation'; or $1,000 in statutory damages for each violation.

Another company with action pending under the same law is Facebook. U.S. District Court Judge James Zagel is due to update parties on the status of this on July 14th.