Disneyland and Disney California Adventure are facing a new class-action lawsuit that could cost them millions of dollars. The lawsuit accuses the California-based theme parks of violating privacy, competition, and consumer-protection laws based on the alleged improper disclosure of facial recognition technology.
Lead plaintiff, Summer Christine Duffield, claims that Disneyland and Disney California Adventure “do not adequately disclose the use of their biometric collection, so consumers — which almost always include children — have no idea that Disney is collecting this highly sensitive data.”
According to the Walt Disney Company website, the facial recognition and biometric technology used at certain entrance gates is meant to facilitate reentry into the parks and help prevent fraud. The website also notes that participation is optional, and guests can walk through entrance gates that don’t use this technology if they prefer. A Disney representative has also doubled down on the issue, implying that the technology is not a violation of privacy.
Let’s take a closer look at the lawsuit, what people are saying about Disneyland’s use of facial recognition and biometric technology, and how Disney has responded.
Disneyland’s Use Of Facial Recognition And Biometric Technology Receives Mixed Reactions
In April, both Disney California Adventure and Disneyland introduced facial recognition and biometric technology at their front entrances. Guests were largely surprised by the rollout, with many park goers expressing mixed reactions online. Some guests claimed they would never visit the park again, and others were concerned about where and how their data would be stored or shared.
Guest Privacy Concerns
In her complaint, Duffield said that “Guests should be able to expressly opt in to this type of sensitive facial recognition technology with written consent — the onus of privacy rights should not be on the victim.”
Disneyland and California Adventure guests can currently choose entrances that don’t use facial recognition or biometric technology. Those entrances are marked with overhead signs featuring a person in a rounded square with a strike through it. Visitors who opt for these entrances will still have their photo taken, but can avoid the more intense facial and biometric scans.
Fears about this type of technology are at an all-time high, especially after experts expressed concerns about data handling in TSA’s facial recognition system. Data handling and privacy concerns are also at the forefront of the ongoing lawsuit; however, a Disney rep says there’s nothing to worry about.
Disneyland Resort Representative Says Current Lawsuit Is “Without Merit”
This is not the first and likely won’t be the last lawsuit that a Disney property faces. Last year, for example, Disney World remained silent after a guest filed a $50,000 weight limit lawsuit. This time around, Disney is not staying quiet.
In response to the current class action case, Disneyland Resort spokesperson Jessica Jakary had this to say:
“We respect and protect our guests’ personal information and dispute the plaintiff’s claims, which we believe are without merit.”
According to the Walt Disney Company website, data taken from these entrance scans is deleted within 30 days of creation, unless it needs to be maintained for “legal or fraud-prevention purposes.”
The website also notes that, “The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative, and physical security measures that are designed to protect guests’ information from unauthorized access, disclosure, use, and modification.”
However, guests should be aware that “no security measures are perfect or impenetrable.” Although Disney believes the current lawsuit is without merit, attorney Blake Hunter Yagman disagrees.
Attorney Warns It’s More Important Than Ever To Protect People’s Privacy
Yagman, who filed the lawsuit after hearing about Duffield’s experience, believes that now, more than ever, protecting individuals’ privacy is important.
“When American families and their children visit a theme park, let alone a brand that’s as ubiquitous as Disney, they shouldn’t sacrifice their privacy rights when they enter,” Yagman said in a statement. “And as facial recognition becomes more common, and it proliferates in public places, especially, it’s more important than ever that we protect people’s privacy rights, because there are civil rights implications and privacy implications to collecting someone’s biometric information, especially without adequate consent, which is what we’ve alleged. So we look forward to litigating our case in court.”
Whether the case will result in a settlement or a favorable court judgment for the plaintiff remains to be seen.
Recent Comments