Texas Attorney General Ken Paxton has secured a $1.4 billion settlement from Meta, the parent company of Facebook, after it captured Texan users’ biometric data without authorization.
Meta, then known just as Facebook, released a feature in 2011 that used software to recognize individuals to assist users in tagging individuals in photos.
“Meta automatically turned this feature on for all Texans without explaining how the feature worked,” a press release from Paxton’s office said. “Unbeknownst to most Texans, for more than a decade Meta ran facial recognition software on virtually every face contained in the photographs uploaded to Facebook, capturing records of the facial geometry of the people depicted.”
Under a 2009 state law, companies must first inform users and receive consent to capture biometric information. That data must then be destroyed within a year. Facebook scrapped the system in 2021, with Meta claiming it deleted more than a billion people’s biometric data. The site had, two years prior, ended their practice of automatically turning the setting on for users.
Paxton sued Meta in 2022 over the capturing of biometric data, alleging the practice violated the state’s “Capture or Use of Biometric Identifier” and Deceptive Trade Practices Act.
Meta will pay the massive settlement to the state over five years, according to Paxton’s office.
“After vigorously pursuing justice for our citizens whose privacy rights were violated by Meta’s use of facial recognition software, I’m proud to announce that we have reached the largest settlement ever obtained from an action brought by a single State,” Paxton said in a statement.
“This historic settlement demonstrates our commitment to standing up to the world’s biggest technology companies and holding them accountable for breaking the law and violating Texans’ privacy rights. Any abuse of Texans’ sensitive data will be met with the full force of the law,” Paxton’s statement continued.
Meta is required to notify the attorney general’s office of any future activities that might fall within the scope of the state’s biometric data laws.
“We are pleased to resolve this matter, and look forward to exploring future opportunities to deepen our business investments in Texas, including potentially developing data centers,” a Meta spokesperson said Tuesday, according to Axios.
Facebook previously settled a suit in 2019 with Illinois users for $650 million after an earlier facial recognition program took faceprint without obtaining users’ consent. The act violated the Illinois Biometric Information Privacy Act.
