Illinois residents have filed a class action lawsuit against TAP Air Portugal, claiming that the company violates Illinois biometric privacy laws by scanning the faces of passengers during the boarding process, allegedly without notice or consent.
Plaintiffs Katelyn Roach and Eric Saldana, both residents of Illinois, filed the class action lawsuit in Cook County Circuit Court against Transportes Aéreos Portugueses, S.A. (TAP), doing business as TAP Air Portugal, citing violations of the Illinois Biometric Information Privacy Act (BIPA).
According to court documents, TAP is an international airline that provides daily service to and from O’Hare International Airport. Roach and Saldana claim that they purchased travel tickets, and on July 7, 2023, they went through an airport check-in and security process necessary to board their plane. They claim that, as part of the boarding process, TAP collected their facial geometry scans, which were stored on TAP's servers.
The lawsuit states that BIPA laws require that prior to collecting biometric data, including facial geometry scans, companies must inform visitors in writing that biometric data will be collected and stored. It also states that visitors must be informed in writing of the specific purpose of why the biometric data is being collected and how long it will be stored, and companies must receive a written release from visitors for the collection of biometric data.
The plaintiffs claim that TAP violates BIPA by failing to inform them, orally or in writing, that their biometric data was being collected or used by TAP and for how long it would be used; by failing to provide them with access to a retention schedule or guidelines for permanently destroying their biometric data; and by failing to obtain their consent to collect their biometric data.
The complaint emphasizes the irreversible privacy risks associated with biometric data compromise, as opposed to other identifiers like social security numbers. The lawsuit argues that TAPS's actions expose passengers to significant privacy risks, including identity theft and unauthorized tracking.
The plaintiffs seek certification of their class action lawsuit to represent individuals whose biometrics were scanned into TAP's system. They are seeking damages of $1,000–$5,000 per alleged violation for themselves and everyone in the class action lawsuit, plus interest, attorney's fees, court costs and other relief. Additionally, they are seeking an injunction ordering TAP to comply with BIPA in its biometric data collection processes.
The plaintiffs are represented by attorneys Benjamin H. Richman, J. Eli Wade-Scott, Ari J. Scharg and Schuyler Ufkes, of Edelson PC in Chicago.