On June 14, 2019, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of Facebook, holding that the company did not violate the Illinois Biometric Information Privacy Act (“BIPA”) (740 ICLS ¶¶ 15, 20).
The appeal concerned a photograph that had been uploaded to a Facebook organizational page of a local news service, not an individual Facebook user’s page. The appellant claimed that Facebook had subjected the photograph to facial recognition technology to capture biometric data without the appellant’s consent.
The Ninth Circuit’s brief memorandum opinion turned on the summary judgment evidence. Based on that evidence, “[n]o reasonable jury could conclude that Facebook” had violated the Illinois privacy law. Facebook employee declarations and internal emails showed that facial recognition was not enabled for the organizational page when the photograph was uploaded. Specific evidence also demonstrated that facial recognition was not applied to the solitary photograph at issue. The court further discounted as irrelevant appellant’s evidence that all photographs uploaded by individual Facebook users were subject to facial recognition because the contested photograph was uploaded to an organizational page, not a user page.
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On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit held that the 2024 amendment to Illinois’ Biometric Information Privacy Act, limiting damages, applies retroactively to pending cases.
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The results are in: attorneys are filing more employment law cases in court. Indeed, year-end reporting from legal databases like LexMachina confirm that the pace of filing new employment discrimination cases reached its highest level in 2025, surpassing 20,000 new filings nationwide. Though overtime and minimum wage lawsuits under the Fair Labor Standards Act (FLSA) have continued to decline since 2015, discrimination cases under laws like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act are on the rise.
On February 23, 2026, a Joint Statement on AI-Generated Imagery was published by 61 data protection authorities. The Joint Statement addresses concerns regarding AI systems capable of generating realistic images and videos depicting identifiable individuals without their knowledge or consent.
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