Antitrust and Consumer Protection

Competition: 2016, Vol 25, No. 2

BIOMETRIC PRIVACY LITIGATION: IS UNIQUE PERSONALLY IDENTIFYING INFORMATION OBTAINED FROM A PHOTOGRAPH BIOMETRIC INFORMATION?

By Natasha Kohne and Kamran Salour1

I. FACIAL RECOGNITION TECHNOLOGY:THE ABILITY TO PERSONALLY IDENTIFY SOMEONE FROM A PHOTOGRAPH

A. Social Media Sites Store Millions of Individualized Faceprints Generated From Photographs

Millions of people upload their photographs to social media sites such as Google and Facebook every day.2 Google Photos touts more than 200 million monthly active users.3 Shutterfly’s ThisLife database stores roughly 18 billion images.4 And Facebook claims that it has already uploaded 250 billion user photos, with 350 million more uploads daily.5

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