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Ken Paxton, the Attorney General of Texas, has successfully obtained a $1.4 billion settlement from Meta, the parent company of Facebook, for unlawfully collecting biometric data from users in Texas.
In 2011, when Meta was still known as Facebook, it introduced a feature that utilized software to identify individuals and help users tag people in photos.
“Meta automatically turned this feature on for all Texans without explaining how the feature worked,” a press release from Paxton’s office said. “Unbeknownst to most Texans, for more than a decade Meta ran facial recognition software on virtually every face contained in the photographs uploaded to Facebook, capturing records of the facial geometry of the people depicted.”
In accordance with a 2009 state law, companies are required to notify users and obtain their consent before collecting biometric information, which must then be erased within one year.
Facebook discontinued this system in 2021, with Meta asserting that it had deleted the biometric data of over a billion individuals.
Two years earlier, the platform had ceased the practice of automatically enabling this setting for users.
In 2022, Paxton filed a lawsuit against Meta for collecting biometric data, alleging that this practice violated the state’s “Capture or Use of Biometric Identifier” law and Deceptive Trade Practices Act.
According to Paxton’s office, Meta will make a substantial settlement payment to the state over the course of five years.
“After vigorously pursuing justice for our citizens whose privacy rights were violated by Meta’s use of facial recognition software, I’m proud to announce that we have reached the largest settlement ever obtained from an action brought by a single State,” Paxton said in a statement.
“This historic settlement demonstrates our commitment to standing up to the world’s biggest technology companies and holding them accountable for breaking the law and violating Texans’ privacy rights. Any abuse of Texans’ sensitive data will be met with the full force of the law,” Paxton’s statement continued.
Meta must notify the attorney general’s office of any forthcoming activities that could potentially be covered by the state’s biometric data laws.
“We are pleased to resolve this matter, and look forward to exploring future opportunities to deepen our business investments in Texas, including potentially developing data centers,” a Meta spokesperson said Tuesday, according to Axios.
In 2019, Facebook reached a $650 million settlement with Illinois users after a facial recognition program collected faceprints without obtaining consent, in violation of the Illinois Biometric Information Privacy Act.
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