A court in New York has dismissed a lawsuit alleging that biometric data was taken without consent in a video game.The Southern District of New York dismissed a suit alleging procedural and technical violations of the Illinois biometric privacy statute by Take-Two Interactive Software.The case, Vigil v. Take-Two Interactive Software, Inc, related to a feature in the NBA 2K videogame series that allows users to scan their faces and create a personalized virtual avatar for in-game play.The court ruled that procedural violations of the notice and consent provisions of the Illinois biometric privacy statute are not in-of-themselves sufficient to confer standing.Analysts are calling the decision a victory for companies planning to use biometric tech for non secure applications such as personalisation.”Social media sites, mobile apps, videogame developers and others are employing biometrics for other cutting edge uses to improve services. The current Vigil ruling is particularly important, however, as it may buoy companies that collect biometric data under reasonable notice and usage policies”.The decion was likely watched with keen interest by social media networks such as Facebook, which have also faced claims under the Illionois statue linked to their face recognition solutions.Under the Illinois Biometric Information Privacy Act an entity cannot collect, capture, purchase, or otherwise obtain a person's “biometric identifier” or “biometric information,” unless it first informs the subject in writing that a biometric identifier is being collected, informs the subject in writing of the specific purpose and length of term for which a biometric identifier or biometric information is being collected, stored, and used; and receives a written release executed by the subject.

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