Will Voice Recognition Tech Be the Target of a New Wave of Complaints?

Not really anything to do with writing and books (at least so far), but PG found this legal issue to be interesting.

From Class Actions Reporter:

How would you feel if you knew that, when you placed an order at a fast-food drive-up window, the fast-food company was recording your voice and voiceprint for future use in its artificial intelligence (AI) systems? The complaint for this class action alleges that’s what McDonald’s Corporation does when you order in some locations, and it claims the practice violates the Illinois Biometric Information Privacy Act (BIPA).

The class for this action is all individuals whose voiceprint biometric identifiers or biometric information were collected, captured, stored, or otherwise used by or on behalf of McDonald’s within Illinois, at any time within the applicable limitations period, and for whom McDonald’s does not have a written record of consent.

Biometrics are unique, personally-identifying features, like voiceprints, fingerprints, facial geometry, and iris configurations. They can be obtained by scanning, recording, or otherwise capturing records or images of these things.

Illinois passed BIPA because it recognized that biometrics are unlike other personal identifiers in that they cannot be changed. If someone steals your credit card number, you can cancel that credit card and get a new one with a different number. But if someone steals your fingerprints, you cannot get a new set of fingers with different prints. BIPA attempts to give private companies that deal with biometrics some oversight and basic regulation.

While many companies are now using biometrics for worker timekeeping purposes, that’s not the use this complaint objects to. Instead, the biometrics are collected for the use of an AI voice assistant McDonald’s is using in some of its drive-throughs.

McDonald’s is using voice recognition to allow customers to order without interaction with other human beings. The complaint alleges, “Critically, McDonald’s AI voice assistant’s voice recognition technology collect customers’ voiceprint biometrics in order to be able to correctly interpret customer orders and to identify repeat customers to provide a tailored experience.”

BIPA requires that private companies must do certain things if they wish to take an individual’s biometrics, as set forth in the complaint:

  • They must tell the subject in writing that their biometrics will be collected and stored.
  • They must tell the subject in writing “of the specific purpose and the length of time for which such biometrics are being collected, stored, and used[.]”
  • They must get a written release from the subject permitted them to collect the biometrics.
  • They must publish “a publicly available retention policy for permanently destroying biometrics when their use has been satisfied or within 3 years of the individual’s last interaction with the private entity, whichever occurs first.”

The complaint alleges, “However, McDonald’s has failed to comply with BIPA’s regulations and does not notify its customers that when they interact with McDonald’s AI voice assistant their voiceprint biometric information is used and collected, nor does McDonald’s obtain” their customers’ consent for this collection and use.

Link to the rest at Class Actions Reporter

Amazon has felt some heat about guaranteeing a right of privacy to users of Alexa voice-powered devices. It appears that the plaintiff’s tort bar in Illinois thinks McDonald’s is a nice target.

McDonald’s, which was once headquartered in the Chicago suburbs (and in DuPage County, which historically didn’t award big jury awards in suits by individuals against large companies), now has its headquarters west of the main business district in downtown Chicago (in Cook County, where juries are willing, sometimes anxious, to give large verdicts against large companies), not far from Greektown, one of the city’s many ethnic neighborhoods.

PG will have to rely on more recent residents of Chicago than he is to explain why that neighborhood is a good place for a huge company to build its headquarters. When PG last spent much time in the city, Dianna’s Grocery was the only attraction that could draw him to that general area.

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