A Riverside County visitor filed a $5 million lawsuit against Disneyland, alleging the resort failed to properly disclose its use of facial-recognition technology and collected biometric data without adequate consent.
Summer Christine Duffield filed the lawsuit on May 15 in U.S. District Court in New York after visiting Disneyland and Disney California Adventure on May 10. The suit alleged Disney violated privacy and consumer protection laws by collecting visitors’ biometric data.
“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,” the plaintiff said in the lawsuit. “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.”
Disney’s privacy policy said identifiers created for identification are deleted within 30 days unless they must be kept for legal or fraud-prevention purposes.
Guests who do not want to use the technology can enter through a separate entrance marked with a silhouette of a head and shoulders with a slash through it. During an April visit, however, only four of the dozens of entry lines at Disneyland and California Adventure did not use facial recognition.
A sign at security checkpoint entrances said, “Use of this technology is optional.” Disney said on its website, “This technology facilitates ease of reentry into our parks and helps prevent fraud.”