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Vimeo collected detailed facial scans without consent, lawsuit alleges

Vimeo is collecting and storing thousands of people's facial biometrics without their permission or knowledge, a recently filed lawsuit alleges.

The "highly detailed geometric" facial maps, according to a complaint, are being collected and stored in violation of the Illinois Biometric Information Privacy ACT, or BIPA, according to a complaint filed last week in Illinois state court. The law bars companies from obtaining or possessing an individuals' biometric identifiers or information unless the company (1) informs the person in writing of its plans to do so, (2) states in writing the purpose and length of term for the collection and storage, (3) receives written permission from the user, and (4) publishes retention schedules and guidelines for destroying the biometric identifiers and information.

The complaint alleges Vimeo is violating the law by collecting, storing, and using the facial biometrics of thousands of unwitting individuals throughout the United States whose faces appear in photos or videos uploaded to the Magisto video-editor application. Vimeo acquired Magisto in April and claimed the editor had more than 100 million users.

"Vimeo has created, collected, and stored, in conjunction with its cloud-based Magisto service, thousands of 'face templates' (or 'face prints')—highly detailed geometric maps of the face—from thousands of Magisto users," the complaint alleged.

The complaint adds:

Vimeo creates these templates using sophisticated facial-recognition technology that extracts and analyzes data from the points and contours of faces that appear in photos and videos taken on mobile devices and uploaded to the Magisto app. Each face template that Vimeo extracts is unique to a particular individual, in the same way that a fingerprint or voiceprint uniquely identifies one and only one person.

Original Submission