United Airlines Faces Biometric Privacy Lawsuit in Illinois Over O’Hare Airport Facial Scans

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A proposed class action alleges United Airlines boarding kiosks at Chicago’s O’Hare International Airport unlawfully scan, capture and store the facial geometry of Illinois consumers. 

The 16-page case claims that United’s facial scanning program, which the airline uses to verify passengers’ identities before they board their flights, is conducted without Illinois' residents informed consent and therefore in violation of the state’s Biometric Information Privacy Act (BIPA).

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According to the lawsuit, United neither warns Illinois travelers at O’Hare nor asks for their consent before airline employees use a special kiosk to photograph their faces at the gates and extract their facial geometry. The airline then authenticates the identity of each passenger by comparing their facial scan to photographs United or the federal government has on file, such as their passport photo, the case relays. 

The filing claims that although passengers can opt-out of the facial scanning program by presenting their boarding pass and passport or driver’s license before boarding a flight, United does not inform passengers of this right.

The BIPA stipulates that companies like United must inform consumers in writing that their biometric information is being captured in order to lawfully obtain and retain the data. Companies must also procure consumers’ written consent prior to capturing such data, the suit relays. Per the case, it would not have been “significantly difficult” for United to comply with this requirement, since the airline could have simply asked passengers agree to a privacy policy when purchasing their tickets online.

In further violation of the BIPA, the airline also failed to disclose to passengers how long it plans to store their data, when it will be destroyed and the specific purpose for the collection of their biometric identifiers, the complaint contends.

The lawsuit looks to represent anyone in Illinois who boarded a flight operated by United Airlines at Chicago O’Hare International Airport and had their facial geometry or other biometric information possessed, collected, captured, received or otherwise obtained and/or stored by the airline in order to board the flight.

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