Disney has been sued for deploying facial recognition technology at park entrances for ticket verification without park goers’ consent or awareness.
Most Disneyland visitors are unaware of the technology and opt in to having their faces scanned.
The facial recognition tools, however, have been adopted widely at sports and entertainment venues, sparking concerns about a privatised surveillance system.
The class action suit alleges that the entertainment giant violated privacy, competition and consumer protection laws by implementing the technology at Disneyland.
Photographs of park goers are taken and compared with images when they first used the ticket or annual pass, which, according to company officials, helps make entering and reentering the park easier and prevents ticket fraud.
Many entertainment venues have adopted the technology for faster ticketing – such as Ticketmaster’s Nexus programme – and enhanced security, allowing venues to scan crowds for stalkers, banned individuals or other subjects of interest.
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No disclosure of biometric data capture
Disney “does 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,” reads the complaint, filed in California federal court on May 15.
The company implemented the technology in April, with the lawsuit alleging that Disney fails to properly disclose to guests that it collects biometric data.
There are traditional entrance lanes at four entrances that allow visitors to avoid the technology, but the lawsuit says that it doesn’t constitute meaningful notice.
“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,” wrote Blake Yagman, a lawyer for the proposed class of visitors, in the complaint.
“Given how sensitive facial recognition data is, explicit written consent should be required to protect the privacy [of] guests at Disney Theme Parks.”
According to Disney’s privacy policy, the company disposes of the data gained from its facial recognition technology within 30 days unless it’s necessary for legal or fraud prevention purposes.
The lawsuit contends the claim “simply cannot be true given the biometric information is compared to when guests first bought tickets or annual passes and associated their pictures with those tickets or passes.”
The proposed class action seeks to represent park visitors who have been subject to facial recognition, seeking at least $5 million.
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