A class action request was filed in Superior Court on Friday by the Google Photos user Michael homsy, reveals La Presse.
Me John archibald of Investigation Counsel PC and Messrs. Jean-Philippe Caron and Alessandra Esposito Chartrand of Calex Legal handle the file for the applicant.
He accuses Google Photos of using FaceNet facial recognition technology to analyze the photos transferred to the application and convert the faces that appear there into biometric data.
The technology can identify individuals with an accuracy rate of 99.63%, whether the faces belong to Google Photos users or not. The practice has already been the subject of several lawsuits against the platform, one of which resulted in an out-of-court settlement of US $ 550 million last year in Illinois.
“Biometric facial identifiers are biologically unique, and inherently private to everyone affected by this class action,” Homsy said in the request. Like fingerprints and DNA, they allow for the precise identification of an individual under a wide range of circumstances. “
Mr. Homsy laments that Google Photos has never disclosed the purpose, duration and availability to other companies of this biometric data.
“Each participant in this collective action has the right to control their own facial biometric identifiers,” says one in the request. (Google) has not obtained the consent of these participants for the extraction, collection, storage and use of these identifiers through Google Photos. “
Michael Homsy claims for all Quebec users of Google Photos the payment of “moral, material and punitive damages to be determined by the Court on the basis of the evidence presented at trial. “