$35 Million Class Action Settlement with Snapchat Involving a Minor

Snapchat users, including minors, deserve privacy representation

Overview

A minor and her guardian filed a class action claiming that social media company Snap collected biometric identifiers (physical features that identify an individual) through its Snapchat lenses and filters features without the users’ consent.

The Snapchat Lens features allow the app user to take a photo and then apply a lens to modify their features. The lawsuit alleged that Snap’s technology created a facial scan of the Snapchat user, and then stored that information without the user’s consent.

More Than 75% of Users Aged 13-34 Use Lenses

Snap is a giant social media company with an estimated 332 million users that use the Lens features more than 6 billion times each day. Snap boasts that more than 75% of 13-34 years olds in over 20 countries use Snapchat.

Illinois BIPA Details

The Illinois Biometric Information Privacy Act (BIPA) prohibits private entities from collecting, capturing, purchasing, receiving through trade, or otherwise obtaining a person’s biometric information unless it:

  • informs that person in writing that identifiers and information will be collected and/or stored
  • informs the person in writing of the specific purpose and length for which the identifiers or information is being collected, stored, or used
  • receives a written release from the person for the collection of that data
  • publishes publicly available written retention schedules and guidelines for permanently destroying said data

Snap’s actions were alleged to be not in compliance with the Biometrics Information Privacy Act of Illinois. The result was a $35 million settlement.  2.9 million individuals were part of the class action. Snap denies all wrongdoing.

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