Class Action Lawsuit Claims Apple Unlawfully Collects and Stores Illinois Users’ Biometric Data Without Consent

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A proposed class action lawsuit accuses Apple of unlawfully collecting, storing and using biometric information obtained from Illinois users’ iris and/or retinal scans via Face ID without written consent. 

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The 21-page lawsuit alleges that while Apple informs consumers that Face ID, which can be used to unlock Apple devices via facial scan, captures information about a user’s facial geometry, the tech giant has failed to disclose in writing that Face ID captures iris and retinal scans.

At the same time, Apple does not obtain written consent before collecting and storing consumers’ biometric information, in violation of the Illinois Biometric Information Privacy Act (BIPA), the suit claims.

Related Reading: Apple Lawsuit Claims “Hide My Email” Feature Fails to Actually Hide User Email Addresses

Per the case, Apple, which touts its commitment to user privacy in advertising materials, collects iris and retinal scans regardless of whether Face ID is being used to unlock a device. Once a user’s information has been obtained from an iris or retinal scan, Apple does not disclose that the scans are converted into mathematical data sets used to train its biometric collection algorithms, the filing says.

The lawsuit shares that Apple, “in the recesses” of its website, states that Face ID cannot be set up unless “the camera can see your eyes.” The case says that this is because the technology relies on information collected from iris or retinal scans.

The privacy lawsuit contends that Apple has violated the BIPA by failing to properly notify Illinois consumers of its biometric information collection practices. Furthermore, the suit says the company has not disclosed how long a user’s information is stored, or obtained written consent before capturing and collecting a consumer’s biometric information.

The complaint stresses that biometric identifiers—such as iris and retinal scans, fingerprints, voiceprints, and scans of hand or facial geometry—are immutable and unique. As such, the case says, there exists a “critical need” to protect and secure biometric data, as it is typically tied to a “vast repository” of other user information, such as purchasing history and habits, medical history, and more.

Additionally, the camera used for Face ID, known as the TrueDepth camera, activates to monitor a user’s iris or retinal location to support “attention aware” device features, such as dimming the display when a user is looking away or lowering the volume of alerts when a user’s attention is focused on the device, the case conveys.

"This is not possible without monitoring the location of one's iris or retinal scans, it too is never disclosed to users — and it simply is not lawful under BIPA," the lawsuit says.

Although Apple allows users to turn off iris and retinal scans for Face ID, the privacy lawsuit notes that most consumers would not be aware that it is an opt-out feature found not in privacy settings, but under “Accessibility Options.” Moreover, once a user’s biometric data has been collected, they have no avenue to delete or eliminate their biometric datasets from being used to train Apple’s algorithms, the case states.

The filing relays that Face ID-enabled Apple devices include Apple’s iPhone X, XR, XS Max, XS, 11, 11 Pro, 11 Pro Max, 12, 12 Mini, 12 Pro, 12 Pro Max, 13, 13 Mini, 13 Pro, 13 Pro Max, 14, 14 Plus, 14 Pro, 14 Pro Max, 15, 15 Plus, 15 Pro, 15 Pro Max, 16, 16 Pro, 16 Pro Max, 16 Plus, 16e, 17, 17e, 17 Pro, 17 Pro Max, and Air, as well as Apple’s iPad Pro 13-inch (M4 and M5), Pro 11-inch (M4 and M5), iPad Pro 12.9-inch (3rd through 6th generations), and Pro 11-inch (1st through 4th generations).

The Apple class action lawsuit seeks to cover all Illinois residents who had their biometric identifiers, including scans of their iris or retina, collected, captured, received or otherwise obtained by Apple from an Apple device due to the use of Face ID or attention features.

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