After implementing facial recognition software at its parks, Disneyland has been hit with a $5 million class action lawsuit claiming the resort does not adequately disclose its use of the technology.
Via the Orange County Register, in the lawsuit filed on 15 May, Summer Christine Duffield alleges Disneyland and Disney California violated privacy, competition and consumer protection laws by collecting the biometric data of guests.
"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.
"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."
The resort started rolling out facial recognition software combined with biometric technology at the front entrances of Disneyland and Disney California Adventure in April.
The software uses images of guests' faces taken by a camera at the entrance and the image of their faces that was saved when they first used the ticket or pass.
Disneyland guests can opt out
Biometric technology is then used to convert those images into unique numerical values, which are compared to find a match.
Except in cases where data needs to be maintained for legal or fraud-prevention purposes, Disneyland says it deletes all numerical values within 30 days of creation.
Guests are also able to opt out by using entrance lanes that do not employ facial recognition technology. These feature overhead signage showing a person with a diagonal strikethrough.
"When using these entrance lanes, you may still have your image taken. However, these lanes will not utilize biometric technology on your image. Instead, a cast member will manually validate your ticket," says Disneyland.
Duffield visited Disneyland on 10 May with her minor children, according to the lawsuit, which alleges that Disney doesn't properly disclose to visitors that it collects data via biometric technology.
Disneyland spokesperson Jessica Jakary said: "We respect and protect our guests’ personal information and dispute the plaintiff’s claims, which we believe are without merit."
Images courtesy of Disney
