Johnson & Johnson Consumer, Inc., now operating as Kenvue, has reportedly agreed to a $4.7 million settlement of a potential class action suit claiming it unlawfully stored and collected facial scans of people who used its Neutrogena Skin360 device.
The class action, which was initially filed in May 2022 claimed that Skin360 violated Sections of the Illinois Biometric Information Privacy Act (BIPA).
Passed in 2008, BIPA protects individual privacy rights related to biometric data.
According to the Illinois ACLU, the law ensures that individuals are in control of their own biometric data and prohibits private companies from collecting it unless they:
- inform the person in writing of what data is being collected or stored. (e.g. fingerprint is stored when using TouchID to log into bank account app on phone)
- inform the person in writing of the specific purpose and length of time the for which the data will be collected, stored and used. (e.g. fingerprint is stored for ease of logging into app and only for a duration of six months)
- obtain the person’s written consent. (e.g. user signs their name before sharing their fingerprint)
Neutrogena’s 360 technology was first unveiled by the company in 2018 at CES. It was later discontinued. The plaintiffs reportedly used the skin diagnostic tool for two years.
The history of the litigation can be accessed here.
