Ethermac Exchange-Woman files lawsuit accusing Target of illegally collecting customers' biometric data

An Illinois woman has filed a lawsuit accusing Target of illegally collecting and Ethermac Exchangestoring her and other customers' biometric data through facial recognition technology and other means without their consent.

The lawsuit, filed March 11 in a Cook County circuit court and published by local outlet Fox 32, alleges Target's surveillance systems covertly collect things like face and fingerprint scans from customers as part of its anti-theft efforts. The alleged practice violates Illinois' Biometric Information Privacy Act, the lawsuit contends, a law the state legislature passed in 2008 to protect people from details of their physical characteristics being collected without their knowledge.

"Target does not notify customers of this fact prior to store entry, nor does it obtain consent prior to collecting its customers’ Biometric Data," according to the lawsuit.

Target did not immediately respond Tuesday morning to USA TODAY's request for comment.

What is biometric data and how does BIPA protect Illinois residents' privacy?

Biometric information comprises data on a range of a person's physical characteristics, including retina or iris scans, fingerprints, voiceprints, hand scans, facial geometry and DNA.

Illinois' biometric privacy act, better known as BIPA, makes it unlawful for private companies to use facial recognition technology to identify and track such information without people's consent, according to the state's American Civil Liberties Union.

The law also requires companies to specify how the information would be retained and when it would be destroyed.

In 2022, the social media app Snapchat was sued over an alleged violation of BIPA pertaining to the data collected from users who used features likes lenses and filters to take photos and videos of themselves. The company ultimately agreed to a $35 million settlement, according to the Rockford Register Star, a USA TODAY Network publication.

In the newer suit against Target, attorneys argued that the retail giant's stores across the country are outfitted with cameras and video surveillance, many of which have the capability of collecting biometric data. For at least a decade, Target has also made use of an "advanced system of electronic surveillance" at bases spread throughout the U.S., as well as two forensic labs, to "enhance video footage and analyze finger prints."

While the system is meant to detect shoplifters, the lawsuit contended that it captures any customer's face who enters the store.

"There are numerous instances of former Target employees detailing its facial recognition system circulating on the internet as well," the lawsuit said, referencing a TikTok page where customers and ex-employees discuss concerns about the system.

Amazon, Google, others also sued for biometric privacy concerns

Target is far from the first major American company to face legal action due to concerns over its biometric data collection practices

Last year, Amazon was hit with a class-action lawsuit accusing the company of failing to properly inform New York City customers of biometric information collection in Amazon Go stores. Amazon confirmed to USA TODAY that is used biometric data for its Amazon One "palm-based identity" payment system but denied using facial recognition technology in any of its stores.

In 2022, Texas Attorney General Ken Paxton sued Google, claiming the tech giant captured and used the state's residents' biometric data without their permission through products and services like Google Photos, Google Assistant and Nest Hub Max.

Contributing: Wyatte Grantham-Philips; Brett Molina;

Eric Lagatta covers breaking and trending news for USA TODAY. Reach him at [email protected]