Shutterfly again asks court to dismiss biometric case
16 February 2016 10:07 GMT

Image-based social network Shutterfly has again asked an Illinois court to dismiss a privacy suit brought against its software.

In the Shutterfly suit, a plaintiff claims he is not a registered Shutterfly user, but that his biometric (facial data) was still stored by the service after a friend had uploaded group photos.

In January, an Illinois federal judge denied a previous dismissal attempt, stating that the firm did have a case to answer in allegations it has violated the Illinois Biometric Information Privacy Act.

However, last week Shutterfly requested that if the Judge does not grant its request for reconsideration, that the Judge certify the case so it can take an interlocutory appeal before the case is finally decided, reports Data Privacy + SecurityInsider.

The new move follows a successful effort by Facebook to have a similar lawsuit dismissed in the state in January. In that class action suit, Facebook had moved to dismiss the case for lack of personal jurisdiction.

In January, the court ruled that the Shutterfly plaintiff could proceed with his claim under BIPA, stating: “Plaintiff alleges that Defendants are using his personal face pattern to recognize and identify Plaintiff in photographs posted to Websites. Plaintiff avers that he is not now nor has he ever been a user of Websites, and that he was not presented with a written biometrics policy nor has he consented to have his biometric identifiers used by Defendants. As a result, the Court finds that Plaintiff has plausibly stated a claim for relief under the BIPA”. 

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