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Consent isn't required if you don't have a reasonable expectation of privacy. I can take your photo in public, and there's nothing you can do about it. I can

Consent isn't required if you don't have a reasonable expectation of privacy. I can take your photo in public, and there's nothing you can do about it. I can even distribute that photo, and you can't, and if you do, I can sue you for copyright infringement. I own your likeness, in a finite way. https://www.jdsupra.com/legalnews/but-it-s-a-photo-of-me-celebrities-face-22804/ https://www.jdsupra.com/legalnews/but-it-s-a-photo-of-me-cel...

hgsgm 4y ago
saveferris 4y ago
Not so fast....In Illinois anyway. You cannot do any of that without consent if you use that data for any commercial purpose. https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004&ChapterID=57 https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004&C... I think anyway, IANAL but I believe this law prohibits the collection of, in this case, images/facial recognition, etc. So, you can take my picture in public and keep it on your phone, you cannot upload it to say Instagram without my permission, all kinds of recent lawsuits about it. I think the intent of the law is to prevent my picture from winding up in say Instagram without my permission but for sure it cannot be used in the way it was used in the article - to scan it and prohibit me from entering an establishment. Apparently, no matter what state I go to.... https://www.reuters.com/technology/one-us-state-stands-out-restricting-corporate-use-biometrics-illinois-2021-09-16/ https://www.reuters.com/technology/one-us-state-stands-out-r... It's a complex law and a complex topic in general so I am not 100% sure what is and isn't covered.... edit; spelling
- bdowling 4y ago
  The definitions section is important. "Biometric identifiers do not include ... photographs." (740 ILCS 14/10). Regarding commercial use of photos taken of people in public, the law varies by state. Some states have stronger protections.

hgsgm 4y ago

saveferris 4y ago

Not so fast....In Illinois anyway. You cannot do any of that without consent if you use that data for any commercial purpose. https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004&ChapterID=57 https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004&C... I think anyway, IANAL but I believe this law prohibits the collection of, in this case, images/facial recognition, etc. So, you can take my picture in public and keep it on your phone, you cannot upload it to say Instagram without my permission, all kinds of recent lawsuits about it. I think the intent of the law is to prevent my picture from winding up in say Instagram without my permission but for sure it cannot be used in the way it was used in the article - to scan it and prohibit me from entering an establishment. Apparently, no matter what state I go to.... https://www.reuters.com/technology/one-us-state-stands-out-restricting-corporate-use-biometrics-illinois-2021-09-16/ https://www.reuters.com/technology/one-us-state-stands-out-r... It's a complex law and a complex topic in general so I am not 100% sure what is and isn't covered.... edit; spelling

bdowling 4y ago
The definitions section is important. "Biometric identifiers do not include ... photographs." (740 ILCS 14/10). Regarding commercial use of photos taken of people in public, the law varies by state. Some states have stronger protections.