7/102 sources · 2 publishersUpdated Oct 10, 10:13 UTC
Judge denies Apple’s bid to dismiss Illinois biometric privacy lawsuit
U.S. District Judge Nancy Rosenstengel rejected most of Apple’s motion for summary judgment in a certified class action alleging that the iPhone Photos app creates facial “faceprints” without consent under Illinois’ Biometric Information Privacy Act. The court allowed the case to proceed, except for claims limited to cropped photos. Apple also did not provide a written data‑retention policy or obtain written consent from Illinois users.
Why it matters
The ruling leaves Apple exposed to potential liability and damages under BIPA, which could affect its financial exposure and require changes to its Photos app data practices.
Key facts
- 1Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois issued the order on September 30, 2026. ppc.land
- 2The court granted Apple’s summary‑judgment motion only as it pertains to claims involving face crops and denied the remainder of the motion. ppc.land
- 3The case is Jane Doe, et al. v. Apple Inc., case number 3:20-CV-421-NJR. ppc.land
- 4The judge concluded that a reasonable jury could find Apple’s technology creates faceprints, which are scans of face geometry. mlex.com
- 5The order notes there is no dispute that Apple did not develop, publish, or comply with a written data‑retention and destruction policy for the Photos app’s facial‑recognition technology. ppc.land
- 6The order also notes Apple did not provide notice and obtain written consent from any Illinois user, as required by BIPA sections 15(a) and 15(b). ppc.land
Summary written by AlphAI AI Desk from 2 of 2 sources. Not investment advice. Figures are as stated by the linked sources.