A class action suit filed against Walmart accuses the retail giant of collecting, storing and using creepy “biometric data” of their customers. They did it without consent, which is a violation of Illinois law.
Creepy data collection
Plaintiff James Luthe is the representative of the class in the suit. He alleges that “Walmart stores in Illinois have cameras and advance video surveillance systems that surreptitiously collect customers’ facial scans.” That’s not just creepy, it’s against the law.
A huge part of the problem is the fact that “Walmart allegedly uses Clearview AI software to match customers’ facial scans against billions of facial scans in Clearview’s facial recognition database.”
That collection and use of creepy biometric data, attorney’s say, “violates BIPA.” As described in the complaint, Walmart “scans, collects and stores customers’ biometric information without their knowledge or consent and does not inform them about the specific purpose and length of time for which this data will be collected, stored and used.”
The Illinois Biometric Information Privacy Act was created specifically to prevent that.
According to the law, “BIPA was enacted to protect residents’ biometric information, which includes unique identifiers like fingerprints and facial scans.” The thing that makes it really creepy is that “unlike Social Security numbers or other data that can be changed if compromised, biometric information is unique to an individual.”
Once it’s stolen, you can’t get it back. “If a person’s biometric information is compromised, they have no recourse and are at an increased risk of identity theft.”
Inform in writing
The law “requires private entities to inform people in writing that their biometric information is being collected or stored and the purpose and length of time for which it will be stored or used.” The creepy practice alarms everyone.
That’s why “the entities must also publish publicly available retention schedules and guidelines indicating when it will permanently destroy the biometric data.”
Companies who collect the creepy scans aren’t allowed to share them. “BIPA also prohibits companies from selling, leasing or otherwise profiting from others’ biometric data.” Walmart is on the hotseat for allegedly violating “this provision of BIPA by sending customers’ facial data through the Clearview Biometric Database without their knowledge or consent.”
Mr. Luthe “filed the Walmart class action lawsuit on behalf of himself and other Illinois residents whose biometric data was collected, stored, disseminated and/or used by Walmart without their consent.”
Walmart executives have been munching Paxil like peanuts because collecting creepy data is only one of their major sources of anxiety.
“This new Walmart class action lawsuit is just one of many to pile up against the retail giant in 2022. Walmart currently faces several recalls and class action lawsuits involving allegations of false advertising, misleading representations and failing to properly monitor its money transfer service.“
