Comment by ojosilva

3 days ago

Beware that face detection may not be an issue under BIPA if it's not storing biometric markers [1], only a hash. As an engineer, and concerned citizen, I'd say that's a thin line as far as privacy protections go, but apparently the law disagrees and face detection tech suppliers are well-aware on how to monetize on the discrepancy [2]

In any case, the plaintiff will most likely be able to take the case to discovery.

[1] https://lewisbrisbois.com/newsroom/legal-alerts/2024-bipa-de...

[2] https://alcatraz.ai/blog/face-authentication-vs-face-recogni...

Probably discovery and a settlement to avoid a trial on this. BIPA has statutory payouts which will cripple you (rightly or wrongly). Statutory fines can be an awesome way to vindicate the public's rights and stop companies being assholes. It's way easier to litigate and settle a case than using torts.