This spring the Disneyland Resort implemented facial recognition at its main gates to both of its parks. The technology is utilized to combat fraud and also make the entrance process quicker and easier for guests. As guests walk into areas near entrances to the parks (the esplanade or Downtown Disney District entrance at the Monorail) signs can be seen that share about the technology and share how guests can opt out of utilizing the technology to enter the parks. The technology uses photos to compare images connected with a ticket or Magic Key.
As the technology has moved from a period of testing to more regular use, Disney has been hit with a class action lawsuit. The lawsuit says that Disney is violating privacy, competition, and consumer protection laws with the technology at Disneyland.
According to what was filed in California federal court on Friday, the complaint says that 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.”
The lawsuit also says that there isn’t a proper disclosure to guests about the dates that is being collected. It notes that there are signs of a slash through the graphic of a person at four entrances where guests can avoid utilizing the technology. The lawsuit says that this does not provide meaningful notice for guests. It is unknown if the lawsuit takes into account the signs that guests pass while making their way to the entrances.
“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,” writes Blake Yagman, a lawyer for the proposed class of visitors, in the complaint. “Given how sensitive facial recognition data is, explicit written consent should be required to protect the privacy guests at Disney Theme Parks.”
California allows for the use of facial recognition technology but has a growing set of rules regulating it. There are rules that cover disclosure and allowing customers to limit the use and sharing of their data. States like Illinois, Washington, and New Jersey require consent and notice. This would not apply in this case,
The Hollywood Reporter, which broke this news, shared that Disney has not responded to a request for comment at this point. The proposed class action is seeking to represent park visitors who have had facial recognition utilized when they entered the parks. This lawsuit seeks at least $5 million.
About Disneyland’s Facial Use Technology
The Disneyland Resort began testing facial recognition technology at its main gates in March. This comes after updating the entry experience for guests last year with new gates. The goals of this test were to help with ease of reentry into the Disney Parks and also to help prevent fraud. This new technology comes as Disney is working to utilize technology to identify ways to improve the arrival experiences for guests.
People who use this facial recognition technology when entering/reentering the parks see their data used in the following ways. Their biometric data is converted into unique numerical values. This is then deleted after 30 days. Security and the protection of privacy is of paramount concern.
For those who choose not to use the facial recognition technology entrances to Disneyland or Disney California Adventure, their picture will still be taken and utilized upon entering or reentering. The difference will be that a Cast Member will personally validate a person’s identity as they go through the gate.
The following information can be found on The Walt Disney Company’s website about facial recognition at the Disneyland Resort:
FACIAL RECOGNITION AT THE DISNEYLAND RESORT
Guests may choose to use entrance lanes equipped with facial recognition technology at the entrances to Disneyland Park and Disney California Adventure Park. This technology facilitates ease of reentry into our parks and helps prevent fraud. These entrance lanes: (1) use images of your face taken by a camera at the entrance and the image of your face that was saved when you first used the ticket or pass; (2) employ biometric technology to convert those images into unique numerical values; (3) compare the numerical values to find a match; and (4) except in cases where data must be maintained for legal or fraud-prevention purposes, delete all numerical values within 30 days of creation. Participation is optional. Entrance lanes that do not employ facial recognition technology are also available.
To use this service, please choose an entrance lane displaying “Entrance” on overhead signage when you enter our parks.
If you do not wish to use this service, please enter through the parks’ main entrances located along the Esplanade and choose an entrance lane displaying “
Entrance” on overhead signage. 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.
Children under the age of 18 may use this service with the consent of a parent or guardian.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect Guest information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider new technology and methods, as appropriate. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.
What do you think of this lawsuit? Do you think it has merit? What do you think of facial recognition technology being utilized as the entrances of the Disneyland Resort parks? Share your thoughts and opinions in the comments below!
