(Fox Business) An Illinois woman filed a class action lawsuit against Target, accusing the retail giant of collecting and storing her biometric data, including face and fingerprint scans, without her consent in violation of state law.
Arnetta Dean, who filed the lawsuit with the intention of preventing Target from further violating the privacy rights of state residents, is also pursuing statutory damages for the company’s alleged collection, storage and use of customers’ biometric data, according to the lawsuit obtained by FOX 32 Chicago.
The lawsuit, filed last month in Cook County, claims Target’s surveillance systems, including cameras with facial recognition technology installed in Illinois stores, “surreptitiously” collect biometric data on customers without their knowledge or consent.
“Target does not notify customers of this fact prior to store entry, nor does it obtain consent prior to collecting its customers’ Biometric Data,” the lawsuit said.
The lawsuit claims Target’s surveillance systems “surreptitiously” collect biometric data on customers without their knowledge or consent.(iStock / iStock)
According to the lawsuit, Target violated the state’s Biometric Information Privacy Act (BIPA) by collecting, storing and using biometric information without obtaining written consent from customers or providing them with adequate information about data retention and destruction policies.
BIPA, which passed in 2008, states that companies in Illinois are prohibited from collecting, storing or giving out biometric data without providing notice and obtaining personal consent. Companies are also required to inform individuals of the specific purpose and duration of data collection, and they must disclose how the information will be retained and when the information will be destroyed.
The lawsuit says Target failed to comply with the aforementioned requirements.
Biometric data is unlike other identifiers used to access sensitive information because it is biologically unique and cannot be easily changed if compromised, putting individuals at increased risk for identity theft, the lawsuit said.
“For example, social security numbers, when compromised, can be changed,” according to the lawsuit. “Biometrics, however, are biologically unique to the individual; therefore, once compromised, the individual has no recourse, is at heightened risk for identity theft, and is likely to withdraw from biometric-facilitated transactions.”
