BeReal Lawsuit Investigation Looks into Potential Privacy Violations

Attorneys working with ClassAction.org want to hear from anyone who took a photo of their face using the BeReal app while living in Illinois.

Specifically, they’re looking into whether the social media app is using facial detection and facial expression recognition software to collect users’ biometric data – particularly, their facial geometry – without permission. The attorneys believe BeReal may have violated the Illinois Biometric Information Privacy Act (BIPA), which prohibits companies from collecting and using consumers’ biometrics, such as fingerprints, iris and retina scans, and scans of hand and face geometry, without first making certain disclosures and obtaining consent.

The Illinois BIPA provides that consumers whose biometric data is illegally collected and used may be owed up to $5,000 per violation.

Is BeReal Collecting Users’ Face Scans?

The BeReal app is marketed as an “unfiltered” social media app that prompts users at a random time each day to take an unedited picture and share it with friends. The app is designed to use both the front and rear cameras on a person’s smartphone to take a selfie of the user and, at the same time, capture a snapshot of what they’re doing.

In some cases, if the user does not take a picture of their face, the app may respond with a message stating “Who goes there?” or “Umm, anybody here?” Similarly, if a user smiles, the app may respond with “Aye what a smile” or “Bonus points for the smile.”

It’s believed that these messages may indicate that the BeReal app is using facial detection and facial expression recognition software, both of which utilize facial geometry. A person’s facial geometry, i.e., a collection of data points measuring the distances between their facial features, can be obtained from a scan of their face and potentially used for identification purposes.

How Could Facial Scanning Violate Users’ Privacy?

Scans of consumers’ facial geometry fall under a category of personal information regulated under the Illinois Biometric Information Privacy Act.

The state law was enacted in 2008, partially in response to the bankruptcy of a company called Pay By Touch that operated a fingerprint-scanning payment service in Chicago-area grocery stores. Illinois lawmakers were concerned that the fingerprint data collected by the company could potentially be sold in the bankruptcy, and they enacted the BIPA in order to better regulate companies’ use of consumers’ sensitive biometric data.

The BIPA also requires companies to develop and publicly post a retention schedule and guidelines for permanently destroying consumers’ biometric data.

A company that violates the privacy law could be responsible for paying a consumer damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation.

How Could a Class Action Lawsuit Help?

A lawsuit, if filed and successful, could help BeReal users get back money for possible violations of their privacy. It could also potentially force BeReal to change its data privacy practices and implement greater protections for users.

What You Can Do

After you get in touch, an attorney or legal representative may reach out to you directly to tell you more about what’s involved with starting a class action lawsuit and address any concerns you may have. It costs nothing to get in touch, and you’re not obligated to take legal action if you don’t want to.

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