We have previously reported on Facebook’s fight against a proposed class action case alleging violation of the Illinois Biometric Information Privacy Act (BIPA). Facebook continues to fight the allegation that its collection and storage of users’ and non-users’ facial scans through the use of facial recognition technology violates BIPA, and has filed a Motion to Dismiss the case which is pending in California (after it was successful in having the case transferred to California from Illinois). Plaintiffs allege that BIPA requires written consent before biometric information can be collected, stored or used and that Facebook refused to get Facebook users and non-users’ consent before collecting and storing facial scans.

The Judge recently denied Facebook’s Motion to Dismiss for lack of standing saying that whether Facebook does or does not store face templates for non-users is more appropriately determined during summary judgment or at trial.