According to the lawsuit, Walmart violated the Illinois Biometric Privacy Act by using cameras and advanced video surveillance systems, as well as the software and database provided by the facial recognition company.
James Luthe is a citizen of Illinois and alleges that Walmart's Illinois stores have collected, stored, and used his data without his written consent.
Walmart's stores in Illinois are equipped with cameras and advanced video surveillance systems that covertly collect, possess, or otherwise obtain Biometric Data, according to the filing. To match facial scans taken in its Illinois stores with billions of facial scans maintained within Clearview's massive facial recognition database is what Walmart uses.
The Illinois's Biometric Information Privacy Act, which protects Illinois residents from having pictures of faces sold without their consent, was mentioned in a suit against Facebook. The company was fined over half a billion dollars in 2020.
A consumer class action suit was filed against Walmart for allegedly using facial recognition software that was not authorized by the Illinois privacy law. Home Depot is one of the companies in the suit.
According to the terms of the settlement, Clearview can't sell its database of faces to US based businesses or private entities. The company is allowed to sell its software without the database.
According to the lawsuit, Walmart obtained, accessed, and used the Biometrics of the class members. This would be a violation of the settlement if Walmart used or accessed this database.
Four months after the company reached its settlement, Luthe went to an Illinois Walmart store.
Each Walmart store in Illinois is equipped with a facial recognition-enabled video surveillance system, according to the filing.
The company did not immediately respond to any questions. Walmart is not a Clearview client according to a Walmart spokesman.
A demo version of their product was briefly evaluated and did not move forward, according to the spokesman. We will respond in accordance with the court's rules.
Walmart, Bank of America, and many other companies have received software from Clearview Artificial Intelligence, according to a report. Thousands of searches were run by employees from these companies.
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