Facebook will be undergoing a trail having failed to stay a lawsuit filed against it due to its facial recognition feature

In 2011, Facebook introduced a new feature which will allows the users to tag the photo to ascertain is some if their fiends are included in the photo.

In 2015, a class action lawsuit was filed against Facebook, alleging that Illinois citizens did not consent to having their photos being scanned with facial recognition software. There was also no information about for how much time this bio-metric data will be stored. As per the Illinois Bio-metric Information Prevention Act, Facebook could face a fine of around $1000-$5000 per Illinois citizens having a Facebook account. This is the first of its kind law in US which intends to prevent the misuse of bio-metric data
and provides consumers with a control of their bio-metric data.

Facebook replied saying that individual citizens should not be allowed to file class action lawsuits since it results in hefty fines. Facebook requested an en banc hearing before the entire bench of ninth circuit judges which would prevent the case going to trail which was rejected by the three judge panel. The case will now go to trail until Supreme court intervenes.

US Circuit Judge Sandra Ikuta, one of he three judges said that Facebook`s facial recognition feature could be of use in identifying users during surveillance or to unlock a bio-metric locked phone.

“We conclude that the development of a face template using facial-recognition technology without consent (as alleged here) invades an individual’s private affairs and concrete interests,” Ikuta wrote in the ruling, acquired by Courthouse News.

A Facebook spokesperson gave a statement to TechCrunch: “Facebook has always told people about its use of face recognition technology and given them control over whether it’s used for them. We are reviewing our options and will continue to defend ourselves vigorously.”