If you’re creeped out by Facebook’s ability to identify your friends when you upload a photo, you’re not alone.

An Illinois citizen is suing Facebook, claiming the social media giant’s use of facial recognition violates Illinois’ law protecting residents’ biometric data. Electronic Frontier Foundation (EFF) Senior Staff Attorney Jennifer Lynch said biometric data is unique to an individual’s body — like a fingerprint.

“But it could also be the face-recognition data, which is the shape of your face, how far apart your eyebrows are, where your ears are on your head,” she said. “That’s sort of a very basic example of face recognition data.”

Although Illinois’ law requires an opt-in provision, Lynch said, Facebook and other companies maintain only an opt-out policy.

“Most users don’t opt out because they would need to go through Facebook’s privacy settings, and those are a little bit confusing,” she said.

EFF is concerned not only that the government could get access to the data but nefarious actors, as well, according to Lynch.

“You can’t change your fingerprint, unlike your social security number, which you could of course change and so the risks of fraud and identity theft is much higher if there’s a hack of databases containing private biometric information,” she said.

Google, Apple and other tech companies also use biometric data.

The outcome of the case could impact such companies, operating in Illinois and elsewhere.

“The companies will not just comply with those laws within the one state that’s passed the law, but all throughout the United States,” Lynch said.

The case could go to a jury trial sometime in October, but Lynch said Facebook is challenging various aspects of the case, which could delay the outcome further.

— Case seeks to limit Facebook’s facial recognition technology —