A Disneyland visitor has filed a $5 million class action lawsuit alleging the Anaheim theme park does not properly disclose the use of facial recognition technology that violates the privacy rights of visitors.
Summer Christine Duffield of Riverside County alleges Disneyland and Disney California Adventure violated privacy, competition and consumer protection laws by collecting the biometric data of visitors in the suit filed on May 15 in U.S. District Court in New York.
Duffield visited Disneyland and DCA on May 10 with her minor children, according to the lawsuit.
“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,” according to 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.”
Disneyland and DCA rolled out facial recognition software combined with biometric technology in April at the front entrances of both parks.
“We respect and protect our guests’ personal information and dispute the plaintiff’s claims, which we believe are without merit,” according to Disneyland Resort spokesperson Jessica Jakary.
Disneyland and DCA offer front entrance lanes that do not use facial recognition software marked by overhead signs with a silhouetted person in a rounded square with a diagonal strikethrough.
Signs notifying visitors of the option were posted inside the security screening areas at the Disneyland resort parking structures and lots during the rollout of the high-tech security measure.
Disneyland takes photos of daily visitors and annual passholders at park entrances and uses biometric technology to convert the images into unique numerical values. The biometric data compares the numerical values to find a facial match with the photo saved when a ticket or annual pass was first used.
Disney deletes all biometric numerical values within 30 days, except in cases where the data must be maintained for legal or fraud-prevention purposes.
The class action lawsuit comes amid concerns about mass surveillance and tracking in public spaces. Facial recognition technology has become common at airports, sports stadiums, concert halls, hospitals, casinos and retailers.
