Meta uses face recognition technology to identify you in photos and videos posted by others, but only if you have turned this feature on — it claims this requires your permission.
This analysis describes what Meta Ads's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The provision establishes the operational scope of face recognition processing within Meta's service ecosystem. It conditions the deployment of this biometric processing mechanism on explicit user permission and specifies three distinct functional applications within the platform.
The updated Privacy Policy no longer explicitly directs US residents to the United States Regional Privacy Notice, which previously provided details about consumer privacy rights available under state laws like the California Consumer Privacy Act and similar regulations. This removal does not eliminate those rights themselves, but it makes the Privacy Policy less clear about where consumers can find information on how to exercise those rights. Consumers can still locate the Regional Privacy Notice through Meta's website or by searching for it directly, but the removal reduces the accessibility and prominence of that guidance within the primary policy document.
View change record →If you have face recognition enabled on Facebook, Meta processes your biometric facial geometry — a uniquely sensitive data type — to identify your face in photos and videos uploaded by other users, creating enforcement exposure under Illinois BIPA and GDPR Art. 9.
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"By clicking 'Next', you are indicating that you have read and agree to the TERMS OF USE AND PRIVACY POLICY"
We automatically collect certain information from your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Service, we collect information about the individual web pages or products th...
Location data. Data about your device's location, which can be either precise or imprecise. For example, we collect location data using Global Navigation Satellite System (GNSS) (e.g., GPS) and data about nearby cell towers and Wi-Fi hotspots. Location can also be inferred from a device's IP address...
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"Face recognition technology: If you have it turned on, we use face recognition technology to recognize you in photos, videos and camera experiences. We use this technology to suggest that your friends tag you in photos or videos and to give you control of photos and videos where you've been recognized. We also use it for safety purposes, such as helping people identify photos of themselves that others post on our Products. We use this technology only when we have your permission to do so.— Excerpt from Meta Ads's Meta Privacy Policy
REGULATORY FRAMEWORK: Biometric data processing implicates GDPR Art. 9(1) (biometric data as a special category requiring explicit consent under Art. 9(2)(a)), enforced by EU/EEA DPAs. The Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14/) requires written informed consent, a publicly available retention schedule, and prohibits sale of biometric data — violations carry statutory damages of $1,000-$5,000 per violation. Texas CUBI (Tex. Bus. & Com. Code §503.001) and Washington My Health MY Data Act create parallel state-level exposure. CCPA/CPRA includes biometric data in the definition of sensitive personal information.
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The provision establishes the operational scope of face recognition processing within Meta's service ecosystem. It conditions the deployment of this biometric processing mechanism on explicit user permission and specifies three distinct functional applications within the platform.
If you have face recognition enabled on Facebook, Meta processes your biometric facial geometry — a uniquely sensitive data type — to identify your face in photos and videos uploaded by other users, creating enforcement exposure under Illinois BIPA and GDPR Art. 9.
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