A proposed class action filed in California federal court is accusing The Walt Disney Company of unlawfully using facial recognition technology at park entry points without properly informing guests or obtaining meaningful consent.
The lawsuit centers on the system used at Disneyland Resort, where guests’ faces are captured at entry and matched against photos linked to their tickets or annual passes from when they were first activated. According to the complaint, the company does not “adequately disclose the use of their biometric collection.”
The lawsuit acknowledges that signs are present indicating an option to avoid the facial recognition, but the filing notes that this is not sufficient, saying guests saying guests should provide written permission before facial recognition is used.
California regulations permit businesses to use facial recognition technology, but they require disclosure and grant consumers specific rights regarding how their data is collected, stored, and used.
The complaint also challenges Disney’s claim that biometric data gathered through its facial recognition system is erased within 30 days, except in cases involving legal or fraud-related needs. It argues that this statement “simply cannot be true,” pointing to the way images are matched against photos taken when tickets or annual passes are first used.
The lawsuit is seeking at least $5 million in damages and aims to represent all Disneyland guests who may have been exposed to the system.
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