The decision by a United States district judge means the company could be sued by millions of United States users.
A California judge has ruled that a class-action lawsuit against Facebook's use of facial-recognition technology can go ahead - signaling further legal woes for the social network.
Facebook violated an IL state law by improperly using their photo-scanning and facial recognition technologies and storing biometric data without their users' consent, a federal judge in California ruled on Monday, after reviewing a 2015 claim made against Facebook by three IL plaintiffs.
The technology at the heart of all this is Facebook's "tag suggestion" feature, which suggests who may be in a photo based on an existing database of faces.
The class will consist of Facebook users in IL for whom Facebook created and stored facial recognition algorithms after June 7, 2011, Donato ruled.
A federal judge in California has ruled that Facebook can be sued in a class-action lawsuit brought by users in IL who say the social network improperly used facial recognition technology on their uploaded photographs. But according to the plaintiffs, this happens to violate the 2008 Illinois' Biometric Information Privacy Act, which prohibits companies like Facebook from collecting and storing the biometric data of consumers without their permission. If the suit is successful, every person in the class-action could receive a payout.
Whoa! We almost went a full day without some negative news on Facebook breaking.
A Facebook spokeswoman told AFP the company was reviewing the decision, adding: "We continue to believe the case has no merit and will defend ourselves vigorously". It is now unavailable in the United Kingdom, but has been a feature in the U.S. since 2011. Facebook switched the feature off in Europe in 2012 after an audit by Ireland's data watchdog.