Apple Faces $32.5 Billion Lawsuit Over Facial Recognition in iPhone Photos App

These images show the find and name people and pets feature in Photos on iPhone | Image via Apple

Apple is facing a lawsuit seeking up to $32.5 billion over claims its iPhone Photos app illegally collected users’ biometric information.

The iPhone is widely known for using Face ID as a biometric security feature to help protect users’ privacy. However, a class action lawsuit in Illinois alleges that Apple violated privacy laws by collecting biometric data through the Photos app.

According to a report by The Times of London, the lawsuit claims the iPhone Photos app uses facial recognition technology to scan people who appear in images and create a unique “faceprint” for each person detected in a user’s photo library. The plaintiffs allege that once the software has analyzed enough images, the app uses an algorithm to identify individuals, generating biometric information that is stored on the device and organized within the Photos app.

The lawsuit argues that Apple collected this biometric data without users’ consent, in violation of Illinois’ Biometric Information Privacy Act (BIPA). The law, passed in 2008, regulates the collection and use of biometric identifiers, including retina scans, iris scans, fingerprints, voiceprints, and faceprints, amid concerns over the growing use of biometric technology.

The case began in March 2020, when a group of about 10 Apple users filed a proposed class action lawsuit alleging that the Photos app’s “People” feature violated BIPA. In June, an Illinois judge ruled that the plaintiffs had satisfied the legal requirements to proceed as a class action. Furthermore, on Thursday, the U.S. Court of Appeals for the Seventh Circuit rejected Apple’s appeal of that decision.

As many as 6.5 million Illinois residents could be eligible to seek up to $5,000 each in damages if the lawsuit succeeds. The plaintiffs claim Apple collected biometric information through the Photos app’s facial recognition feature without providing proper notice, obtaining consent, or maintaining legally required data retention policies. If Apple is found liable, the company could face damages totaling up to $32.5 billion.

According to 9to5Mac, Illinois’ BIPA is the same law that resulted in Meta agreeing to a $650 million settlement over Facebook’s facial recognition system, which scanned photos to suggest people users could tag. Meta also agreed to a separate $68.5 million settlement over allegations that Instagram collected and stored users’ biometric data without consent.