Target’s Anti-Shoplifting Tech Illegally Captures Illinois Shoppers’ Facial Scans, Class Action Claims

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Target faces a proposed class action out of Illinois over the retailer’s allegedly illegal use of facial recognition technology to combat shoplifting.

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The 20-page privacy lawsuit claims Target has run afoul of the Illinois Biometric Information Privacy Act (BIPA) by using security cameras and video surveillance systems to capture the facial geometry scans of thousands of customers without their consent.

Enacted in 2008, the BIPA was designed to protect Illinois residents’ unique, unchangeable biometric data, such as fingerprints, voiceprints, retina scans and facial geometries, the suit relays. The law states that private companies must obtain informed written consent before collecting, storing, using or disseminating an individual’s biometric data, the filing relays. Per the case, companies are also required under the BIPA to disclose the purpose for collecting such information, how long it will be retained and when it will be destroyed.

According to the complaint, Target has failed to fulfil these BIPA obligations. The plaintiffs, two Illinois residents who have shopped at various Target locations in the state dozens of times, say they were never informed that the retailer was capturing, storing and using their facial scans.

The filing claims that the defendant’s use of facial recognition-enabled video surveillance systems came after it reportedly lost as much as $800 million from inventory shrinkage in 2022. The lawsuit alleges that, according to a former Target employee, the company’s headquarters monitors repeat shoplifters and works with law enforcement to press charges against these individuals.

“Current and former Target employees report that it is common for Target to not immediately apprehend certain shoplifters, but instead continue to monitor them on additional store visits and wait for the total value of their theft to reach a certain (larger) amount,” the suit says. “This customer tracking occurs across multiple stores and is enabled, at least in part, by the use of facial recognition technology.”

The case contends that Target, in further violation of the BIPA, shares Illinois residents’ facial geometries with third parties, including law enforcement, without consent.

The lawsuit looks to represent anyone who had their biometric information collected, captured, otherwise obtained, used, and/or stored by Target when visiting one of its Illinois locations during the applicable statute of limitations period.

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