Photobucket Hit With Lawsuit Over Biometric Photo Sell-Off

Photobucket’s recent privacy policy update has sparked a class-action lawsuit, alleging that the company plans to sell users’ photos – including sensitive biometric data such as facial recognition and iris scans – without explicit consent. The lawsuit claims that Photobucket failed to comply with strict privacy laws in states like Illinois, New York, and California.

The proposed litigation seeks to hold Photobucket accountable for allegedly selling users’ biometric data to companies training generative AI models, potentially compromising the security and integrity of these sensitive identifiers. Two distinct classes are at the heart of this litigation: those who uploaded photos between 2003 and May 1, 2024, and those whose biometric data has been depicted in photographs without their consent.

The latter group may include hundreds of millions of non-users whose images have been shared on the platform, further exacerbating the crisis. If a jury agrees with the plaintiffs, Photobucket risks substantial fines – potentially totaling billions of dollars. The company could be liable for punitive damages of up to $5,000 per “willful or reckless violation” of various statutes, as well as significant statutory penalties.

A notable example is a mother who uploaded her child’s photo to Photobucket and saw her biometric data sold without consent. Another case involves a professional photographer from Illinois who had expected stronger protection under one of the country’s most robust biometric privacy laws.

Photobucket has confirmed that at least one user’s data may have been sold to train AI, highlighting the need for immediate action to address these concerns. The company’s move has sparked widespread alarm among users and regulators alike, who are left wondering how such a breach could occur in the first place.

The lawsuit unfolds as Photobucket faces significant consequences for its failure to prioritize user privacy. The outcome will determine whether the company emerges from this controversy with its reputation intact or faces substantial repercussions.