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Facebook must face class action lawsuit over its facial recognition tool, US judge rules

The ruling adds to the privacy woes that have been mounting against Facebook for weeks

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Mark Zuckerberg, chief executive officer and founder of Facebook listens during a House Energy and Commerce Committee hearing in Washington. Photo: Bloomberg
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A US federal judge in California has ruled that Facebook will have to face a class action suit over allegations it violated users’ privacy by using a facial recognition tool on their photos without their explicit consent.

The ruling comes as the social network is snared in a scandal over the mishandling of 87 million users’ data ahead of the 2016 US presidential election.

The facial recognition tool, launched in 2010, suggests names for people it identifies in photos uploaded by users - a function which the plaintiffs claim runs afoul of Illinois state law on protecting biometric privacy.

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Judge James Donato ruled the claims by Illinois residents Nimesh Patel, Adam Pezen, and Carlo Licata were “sufficiently cohesive to allow for a fair and efficient resolution on a class basis”.

“Consequently, the case will proceed with a class consisting of Facebook users located in Illinois for whom Facebook created and stored a face template after June 7, 2011,” he said, according to the ruling.

It’s rare for consumers to win class-action status in privacy cases. In Facebook’s history, most such cases don’t get that far.

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