MENLO PARK, CA --Some Facebook users are taking the Menlo Park-based company to court over a privacy concern. They say an automatic photo tagging feature is just too invasive.
This technology has already been suspended in Canada and Europe because of privacy concerns and now it's being challenged here in the U.S.
This case is being done in Illinois because of a specific law that is unique to the state.
The "tag suggestions" feature is automatically turned on when you sign up for Facebook. When you are identified in a picture on the social network, facial recognition software remembers your face so friends can tag you in other photos.
USA Today reports a San Francisco federal judge turned down Facebook's request to throw out a lawsuit claiming this feature invades users' privacy.
The reason the lawsuit was filed in Illinois is because the state passed a Biometric Information Privacy Act, requiring companies to get consent from people before collecting or storing biometric data.
The plaintiffs in this case say they never gave permission to Facebook to use their faces as biometric identifiers.
USA Today says Facebook argues photo tagging is in its terms of service and users can opt out at any time.
Click this link for more information on how to change your Facebook privacy settings.