A new lawsuit accuses Instagram of illegally collecting users’ facial recognition data without telling them
Facebook-owned Instagram was sued Monday for illegally collecting, storing and distributing the facial recognition data of its users and could face up to $500 billion in fines.
A class action lawsuit filed in San Mateo Superior Court by Illinois resident Kelly Whalen on Aug. 10 alleges that Facebook and Instagram are routinely harvesting and sharing its users’ biometric data without informing them or asking for consent to collect it.
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The lawsuit requests Facebook pay every member of the class $5,000 for each intentional violation of the Illinois BIPA act, which prohibits misuse of biometric data, or statutory damages of $1,000 for every negligent violation of the law — Business Insider estimated that could total up to $500 billion in fines given that at least 100 million Instagram users could be included in the class.
Facebook recently paid $650 million in July to settle a similar case about its misuse of facial recognition data.
“This suit is baseless. Instagram doesn’t use Face Recognition technology,” Facebook spokesperson Stephanie Otway told TheWrap in an email.
Whalen’s class includes any Illinois resident who has had their biometric identifiers or facial geometry scans at all obtained by Facebook through photos uploaded to its Instagram app. The plaintiff is represented by Chicago-based law firm Carlson Lynch, which did not immediately respond to TheWrap’s requests for comment.
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The lawsuit reports Facebook began using facial recognition technology in 2010 and started using it on Instagram after it bought the San Francisco-based photo sharing network in 2012. It essentially uses the tech to scan photos of faces uploaded to the Instagram app to collect a profile of unique facial recognition and other biological data for specific users.
“Facebook is actively collecting, storing, disclosing, profiting from, and otherwise using the biometric information of its reportedly more than 100 million Instagram users without any written notice or informed written consent, including millions of Illinois residents,” the lawsuit reads.
The practice is problematic in part because it doesn’t allow users to opt-out of data collection — “Indeed, Instagram users are not even given an opportunity to provide a written release because Facebook automatically processes content and shares it across its platforms,” the filing said.
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“Even if a user does not have facial recognition activated on their personal account, their photo may still be scanned, collected, and entered into Facebook’s database if it matches with a user’s data who does have the facial recognition setting activated,” the lawsuit notes. “This further means that one can never truly “opt out” because Facebook must capture and compare the biometrics of a face before learning if that face in fact matches with faces of users who have their facial recognition setting turned on or off.”
The filing said that Instagram reported 118 million users in the United States last year — and points out that Whalen and other defendants (and most Instagram users) are unable to know which third parties Instagram allowed to view their facial recognition data or for what purpose.
Instagram users whose data has been collected by Facebook “have no recourse for the fact that their biologically unique information has been compromised,” the lawsuit states.
Pamela Chelin contributed to this report
19 Movie and TV Casts That Reunited Remotely During Coronavirus, From 'The Goonies' to 'Full House' (Photos)
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Josh Gad/YouTubeIt's not just your old high school and college buddies that are using stay-at-home quarantines during the coronavirus pandemic as an excuse to reconnect with you over Zoom. The casts and teams behind over a dozen beloved shows or films have reunited remotely in recent weeks just to pass the time. Many of the stars are doing conversations for charity, while others are staging full remote episodes or special performances just to perk up a fan's day. In case you missed them earlier, here are all the reunions that took place since the shutdowns began, and we'll add more as they inevitably take place.
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Warner Bros."The Goonies"
On April 27, Josh Gad hosted a reunion with almost the entire full cast of the '80s cult classic "The Goonies," including Sean Astin, Josh Brolin, Martha Plimpton, Kerri Green, Jeff Cohen, Ke Huy Qyan, Corey Feldman, Joe Pantoliano and Robert Davi. Gad also spoke with writer Chris Columbus and even got the 90-year-old director Richard Donner to join the call, though not without some technical difficulties first. The cast asked each other questions about what reactions they get from fans and even re-enacted a handful of scenes from the film.
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Photo by Theo Wargo/WireImage
"Hamilton"
After John Krasinski had a wave of support for the first episode his makeshift YouTube series "Some Good News" in which he chatted with his co-star on "The Office" Steve Carell, he then surprised a fan of "Mary Poppins Returns" who said her favorite musical was "Hamilton" and that she missed out on a performance of the show because of the coronavirus. Lin-Manuel Miranda then brought together the cast of the original Broadway production, including Daveed Diggs, Leslie Odom Jr, Okieriete Onaodowan, Phillipa Soo, Christopher Jackson, Anthony Ramos, Jasmine Cephas Jones, Renée Elise Goldsberry and Jonathan Groff, to sing the show's opening number.
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NBC
"Friday Night Lights"
The cast of the TV series "Friday Night Lights" reunited for Global Citizen's "Together at Home," with the cast specifically gathering to virtually watch the pilot episode of the series. Adrianne Palicki, Scott Porter, Derek Phillips, Aimee Teegarden, Gaius Charles and Brad Leland took part, though stars Kyle Chandler and Connie Britton couldn't attend. On the Zoom call, the cast also recalled how competitive actor Taylor Kitsch was playing flag football.
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Fox
"Melrose Place"
For the first time since 2012, Heather Locklear and the cast of "Melrose Place" reunited as part of the YouTube series "Stars in the House" to support The Actors Fund. Josie Bissett, Thomas Calabro, Marcia Cross, Laura Leighton, Heather Locklear, Doug Savant, Grant Show, Andrew Shue, Courtney Thorne-Smith and Daphne Zuniga all took part to reminisce about the soapy Fox drama.
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Warner Bros.
"Contagion"
While not strictly a reunion, the cast of Steven Soderbergh's pandemic outbreak drama "Contagion" banded together to help provide PSAs with advice about social distancing, hand washing and more. Matt Damon, Kate Winslet, Laurence Fishburne and Jennifer Ehle were among the first set to record the informational videos, which were made in partnership with Columbia University’s Mailman School of Public Health, the same school that also consulted on "Contagion" the film.
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Twentieth Century Fox
"That Thing You Do!"
The members of the fictional band The Wonders (or The Oneders) from Tom Hanks' film "That Thing You Do!" reunited for the first time since the film's release in 1996. Band members Tom Everett Scott, Johnathon Schaech, Ethan Embry and Steve Zahn all joined up with co-star Liv Tyler in honor of Adam Schlesinger. Schlesinger wrote the Oscar-nominated title song from the film and shortly before the reunion died of COVID-19.
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Disney Channel
"High School Musical"
The cast of "High School Musical" didn't stream their Zoom reunion call, which from Instagram photos shared by the cast included director Kenny Ortega along with Truman Alfaro, Vanessa Hudgens, Paul Becker, Corbin Bleu, Monique Coleman, Lucas Grabeel and Ashley Tisdale. They did however participate in Disney's "Family Singalong" show, with star Zac Efron delivering a special message in lieu of being able to perform.
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NBC
"Parks and Recreation"
The cast of "Parks and Recreation" performed an entire virtual episode as part of a standalone, scripted special on NBC inspired by social distancing. Amy Poehler, Rashida Jones, Aziz Ansari, Nick Offerman, Aubrey Plaza, Chris Pratt, Adam Scott, Rob Lowe, Jim O'Heir and Retta all reprised their roles from the sitcom series to raise money for Feeding America's COVID-19 Response Fund. The episode aired Thursday, April 30 on NBC.
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Photo by ABC Photo Archives/ABC via Getty Images
"Full House"
The cast of "Full House," including John Stamos, Bob Saget, Dave Coulier, Candace Cameron Bure, Jodie Sweetin, Andrea Barber and creator Jeff Franklin, all imagined a parody intro to their famous '90s sitcom for a brief TikTok video they called "Full Quarantine." It showed Saget sanitizing a Swiffer and Coulier fishing a slice of pizza out of a pond and ended with the caption, "unlike 'Full House,' this will all go away."
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ABC
"My So-Called Life"
The cast of the sitcom "My So-Called Life" held a private Zoom reunion call that included Wilson Cruz, Claire Danes, Bess Armstrong, Devon Odessa, Tom Irwin, Mary Kay Place, Devon Gummersall and A.J. Langer. The series creator Winnie Holzman and her husband Paul Dooley also joined the call, though Jared Leto was not present.
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Nickelodeon
"Victorious"
The stars of the Nickelodeon TV series "Victorious," featuring Victoria Justice and Ariana Grande, were already meant to gather around this time for the 10th anniversary of the series, but instead did so virtually. Elizabeth Gillies, Leon Thomas III, Matt Bennett, Avan Jogia, Daniella Monet and Eric Lange, as well as the show’s creator Dan Schneider, all participated in the call along with Grande and Justice.
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20th Century Studios
"The Maze Runner"
"The Maze Runner" actress Kaya Scodelario shared a screenshot on Instagram of her Zoom call with her co-stars from the YA adventure trilogy, including Dylan O’Brien, Will Poulter, Ki Hong Lee, Dexter Draden and Thomas Brodie-Sangster. "We survived the Glade, the Scorch & whatever the third one was about. We got this," Scodelario said in the post.
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Disney Channel
"Jessie"
The cast of the Disney Channel series "Jessie" dedicated their gathering to Cameron Boyce, who passed away last year at age 20. Star Debby Ryan appeared on the episode of "Stars at Home" along with Peyton List, Skai Jackson, Karan Brar and Kevin Chamberlin.
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NBC
"Taxi"
Another classic TV franchise with an unexpected reunion, the cast of the sitcom "Taxi" got together for an hour-long chat for "Stars in the House," including Danny DeVito, Judd Hirsch, Carol Kane, Christopher Lloyd and Marilu Henner.
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NBC
"Chuck"
EW rallied the cast and crew of the NBC comedy series "Chuck" to not only reminisce about the show but also perform a table read of a fan-favorite episode from, the ninth episode of Season 3, "Chuck Versus the Beard." Zachary Levi, Yvonne Strahovski, Adam Baldwin, Joshua Gomez, Sarah Lancaster, Ryan McPartlin, Vik Sahay, Scott Krinsky and Mark Christopher Lawrence all took part in the reunion, as did "Chuck" co-creators Josh Schwartz and Chris Fedak.
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CBS
"The Nanny"
Fran Drescher led the cast of her sitcom "The Nanny" for a live, virtual table read of the 1993 pilot episode. Madeline Zima, Charles Shaughnessy, Jonathan Penner, Alex Sternin, Ann Hampton Callaway, DeeDee Rescher, Peter Marc Jacobson, Renee Taylor, Daniel Davis, Nicholle Tom, Lauren Lane, Rachel Chagall and Benjamin Salisbury all took part in the reunion.
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Chris Cuffaio/NBCU Photo Bank
"The Fresh Prince of Bel-Air"
Will Smith reunited with his cast members from "The Fresh Prince" as part of the two-part season finale for his Snapchat series "Will at Home." He was joined by Alfonso Ribeiro, DJ Jazzy Jeff, Tatyana Ali, Karyn Parsons, Daphne Maxwell Reid and Joseph Marcell. Smith and "The Fresh Prince" cast also paid tribute to the actor who played Uncle Phil, James Avery. Smith recalled that the reason his character's name on the show is Will Smith is because Ribeiro told him that people would be calling him by his character's name for the rest of his life.
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Universal
"Back to the Future"
For the second episode of his "Reunited Apart" show, Josh Gad virtually reunited Michael J. Fox, Christopher Lloyd and Lea Thompson to talk what Gad called a "perfect" movie in "Back to the Future." Lloyd said the film was at one point supposed to be called "Spaceman From Pluto."
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NBC
"Community"
Nearly the entire cast of NBC's sitcom "Community" will reunite on May 18 to do a live table read of the Season 5 episode "Cooperative Polygraphy." Series stars Joel McHale, Gillian Jacobs, Danny Pudi, Yvette Nicole Brown, Alison Brie, Jim Rash, Ken Jeong and Donald Glover, who left the series after season 5, will join creator Dan Harmon to read the Season 5 episode titled “Cooperative Polygraphy.” The special will stream on the “Community” YouTube page on May 18 at 2 p.m. PT and will also include a fan Q&A.
Stars from ”Chuck,“ ”The Nanny,“ ”Frasier,“ ”Taxi“ and more have taken part in table reads and Q&A specials
It's not just your old high school and college buddies that are using stay-at-home quarantines during the coronavirus pandemic as an excuse to reconnect with you over Zoom. The casts and teams behind over a dozen beloved shows or films have reunited remotely in recent weeks just to pass the time. Many of the stars are doing conversations for charity, while others are staging full remote episodes or special performances just to perk up a fan's day. In case you missed them earlier, here are all the reunions that took place since the shutdowns began, and we'll add more as they inevitably take place.
Samson Amore
Reporter • samson.amore@thewrap.com • Twitter: @Samsonamore