Disneyland Hit With $5 Million Class Action Lawsuit Over Facial Recognition Technology

A Disneyland guest has filed a $5 million class action lawsuit against the resort, alleging that Disney uses facial recognition technology without properly disclosing it to visitors.

The lawsuit was filed on May 15 in the U.S. District Court in New York by Summer Christine Duffield.

Duffield, who visited Disneyland on May 10 with her children, argues that the resort violates privacy and consumer protection laws by collecting biometric data without informing guests.

Disneyland Entrance

“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 complaint argues.

Disneyland debuted the New Technology in April

Disneyland Resort began using facial recognition software in April at both Disneyland and Disney California Adventure.

Photo: Also Disney

According to the OC Register, the new software converts images into a biometric numerical value that can then be compared to the photo taken when a ticket was first used.

Disney deletes all biometric numerical values within 30 days, except when data must be kept for legal purposes.

It should also be noted that both Disneyland and Disney California Adventure offer entrance lanes that do not use facial recognition software. These lanes are demarcated by signs featured inside the security screening area and near the entrance.

What the Plaintiff Is Seeking

The class action lawsuit is seeking $5 million in damages. It also argues that Disney should require written consent from visitors before using the facial recognition technology.

Photo: Also cba.cj

“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 (via The Hollywood Reporter).

Photo: Also Miriam-Webster

“Given how sensitive facial recognition data is, explicit written consent should be required to protect the privacy of guests at Disney theme parks.”

Disney’s Response

For its part, Disney has called the lawsuit meritless.

Photo: Also The Walt Disney Company

“We respect and protect our guests’ personal information and dispute the plaintiff’s claims. Which we believe are without merit,” Disneyland Resort spokesperson Jessica Jakary said.