A Quick Glance
- What’s Happening? Siri & Glimstad urges Samsung users in Illinois to take legal action against the tech company by filing an arbitration lawsuit. We are investigating how the company illegally collected and stored biometric data without consent in violation of the Illinois Biometric Information Privacy Act.
- Why Does It Matter? The Illinois Biometric Information Privacy Act (“BIPA”) protects Illinois residents’ privacy rights by regulating how companies collect and store biometric information, things like facial scans, fingerprints, DNA, and iris scans. BIPA requires companies to get Illinois residents’ permission before collecting biometric information, and that they disclose how the company is going to store and use that data. BIPA entitles Illinois residents to claim damages when companies, like Samsung, violate its requirements. Siri & Glimstad believes that Samsung’s “Intelligent Scan” feature and other security upgrades violate BIPA.
- Who Can Join? Current and former Illinois residents that owned a Galaxy smartphone in the last five years may be eligible to file an arbitration against Samsung for its violations of BIPA.
Samsung finds itself in hot waters as allegations surface that its new data collecting techniques violate Illinois law. Siri & Glimstad is investigating whether Samsung violated its customer’s privacy rights when it failed to follow the clear rules set out by BIPA. So far, we know that some Galaxy phone models have a built-in AI scan they call an “Intelligent Scan.” It uses facial recognition and iris scanning to record your biometrics, making your smartphones easily accessible and “secure.” However, the Intelligent Scan’s biometric authentication system doesn’t obtain proper consent from its users or inform them about Samsung’s data collection, storage, and usage that are happening in the background.
Evidence of Breaking the Law: How Is Samsung Violating BIPA?
BIPA regulates the collection of biometric identifiers—fingerprints, iris/retina recognition scans, facial recognition scans, and voice recognition. It instructs companies (in this case, Samsung) to receive official consent from end-users before collecting, capturing, or storing such data. Users have the right to know why, how, and when a device is storing their biometric data. Additionally, Samsung users in Illinois should know how long their data remains with the company and whether they share it with third parties. Samsung’s Intelligent Scan only requires a user to give his or her generalized privacy permission, but this generalized permission does not disclose the type of information that BIPA requires. As a result, users are not properly informed prior to giving consent. If that is the case, it means that Samsung’s actions are in clear violation of BIPA.
The Action: Why Is it Important to Sue Samsung?
Biometric information remains “biologically unique” and unchangeable. Unlike social security numbers and passwords, you cannot replace your facial features or fingerprints. It’s why BIPA makes it a responsibility to protect user privacy every time you interact with technology that records your biometric information. Siri & Glimstad can help Samsung users in Illinois to file an arbitration to address the alleged biometric privacy breach. You might be entitled to receive compensation through arbitration if you are a current or former Illinois resident and owned a Samsung Galaxy while you lived in Illinois in the last five years. If enough arbitrations are filed, these legal actions may also convince Samsung to change their practices. It only takes a couple of minutes to sign-up for the investigation and potential arbitration.
The Bottom Line
Technological advancements make it easy for companies to collect biometric data and misuse it for monetary gains. A security breach within these firms can compromise your unique identities if we don’t set firm boundaries. The attorneys at Siri & Glimstad are committed to safeguarding your user-privacy rights. We are calling out companies and taking legal action against them to help you receive compensation for their misconduct. This investigation into Samsung’s violations of BIPA is one of many investigations and litigations we’re currently working on to help Illinois residents (like you). Have questions? Join the conversation on Facebook with Jen Malainy to stay informed.