2K Games Wins the Right To Store and Share Your Biometric Facial Data (engadget.com)

In October 2015, two gamers who used face-scanning tech found in 2K Games' NBA series to create more realistic avatars filed a lawsuit against the company as they were concerned about how 2K would store and use their biometric data. On Monday, however, a New York federal judge ruled that neither games' biometric face scanning tech had established 'sufficient injury' to the plaintiffs, implying that their concerns over privacy were unfounded. Engadget reports: Using your console's camera, the company employs face-scanning tech in its popular NBA series, with both 2K's NBA 2K16 and 2K15 using the data to help players create more accurate avatars. In order to use the tech, players must first agree to 2K's terms and conditions, consenting that after scanning them their face may be made visible to others. While the plaintiffs agreed to the publisher's terms, the court case arose because the gamers claimed that 2K never made clear made clear that scans would be stored indefinitely and biometric data could be shared. With little evidence to suggest how their privacy would be at risk, the judge gave 2K the benefit of the doubt. Still, no matter the outcome, it's a landmark case, with biometric data sure to play an increasingly important role in identifying individuals in the future. While there is certainly nothing that suggests that 2K will use the data for nefarious means, the result of this case does raise some interesting questions about who owns the right to your digital likeness.

Comments

Re:Dupe

[Anonymous Coward]

At least this one doesn't sound like it was written by my grandpa. Instead of referring to them as "gamers," the other summary used the terms "video basketball players" and "athletes" and made it sound as though they'd been scanned as part of the game's production process.

Let's be fair

[Anonymous Coward]

2K Games Wins the Right To Store and Share The Biometric Facial Data That You Voluntarily Gave Them.

This isn't scanning people against their will. This is people who decided they wanted their devices to scan them, uploaded them to 2K Games, and then decided to be concerned about their privacy.

I'm not saying this isn't scummy on 2K's part or troubling. But the first step to not having companies build facial recognition of you is to not decide to scan your face and give it to them.

Re:Let's be fair

[rtb61]

The question being avoided is the contractual right to your image and whether someone can lay claim to it, permanently. Consider if you agree to you image being used and not noticing in the fine print that it was permanent. How about if they starting using it via digital animation, to sell something you were opposed to. Your face up their selling say chocolate covered bullshit as the best thing ever and you loved the taste, now consider they also have your voice to tie to your image and there it is large as life blazing across the internet.

Are you allowed redress, can you recover you personal data or biometrics, considering how they can be used against you in very extreme fashion. So lets stretch in on out, you go to the hairdresser for a hair cut by your claim that hairdresser can now claim right to the DNA in your hair, you don't claim it, in fact by assumed consent you give all rights of possession to the hairdresser, who can they sell you DNA information.

People have a right to privacy which means, just like all other rights, they can suspend them if they choose but just like all other rights, the snap right back in place the very second they choose to no longer suspend them. It is a fair and reasonable right for people to be able to reclaim their privacy, to demand information about them be deleted, subject to reasonable limits ie like non-personalised data or public record data or prescribed government held and restricted from public access data. What rights do corporations have to your privacy, none what so ever and they need to be taught that lesson with harsh laws and custodial sentences.

Re:Let's be fair

[mjwx]

2K Games Wins the Right To Store and Share The Biometric Facial Data That You Voluntarily Gave Them.

This isn't scanning people against their will. This is people who decided they wanted their devices to scan them, uploaded them to 2K Games, and then decided to be concerned about their privacy.

I'm not saying this isn't scummy on 2K's part or troubling. But the first step to not having companies build facial recognition of you is to not decide to scan your face and give it to them.

Sigh, you're either a very bad lawyer or someone who lives in an incredibly black and white world.

Given how 2K operates, it is entirely possible that the game refuses to unlock certain features (up to and including multi-player access) until you let it scan your face. This is still voluntary under the technical definition but we tend to call it by it's proper name.. coercion.

Also, can still sue under state law

[raymorris]

Also, the plaintiffs can still sue under state law. The ruling is that they can't make a federal case out of it.

Re:Your face isn't private data

[Spamalope]

Given what tech companies have been shown to turn over to three letter agencies, I'd be concerned that they'd turn the data over so that every single use of the imperfect facial recognition software include a scan of my face putting me at risk of being targeted.

Re:the idiots are lucky they didn't get counter su

[gurps_npc]

ELU's are not contracts and can be fought in court.