Barnett v. Apple, Inc.

Plaintiffs filed a two-count class action lawsuit alleging that the defendant violated the Biometric Information Privacy Act by offering users of its phones and computers the option of utilizing face and fingerprint recognition features without first instituting a written policy regarding the retention and destruction of the users’ biometric information and without first obtaining written consent. Defendant filed a motion to dismiss, arguing that the plaintiffs elected to use the face and fingerprint identification features and that their biometric information was stored on their own devices and that plaintiffs could erase it at any time. The trial court granted the motion with prejudice, plaintiffs appealed, and the appellate court affirmed. (WALKER and TAILOR, concurring)