Chicago Blackhawks facing another lawsuit, this time over facial recognition software

Update: TSN reports the plaintiff in this lawsuit has agreed to voluntarily withdraw it.

The Chicago Blackhawks are facing another lawsuit, this time over allegations that the team used facial recognition software illegally on fans attending games. While the lawsuit was filed in 2020, the details are just coming to light now.

James Allen has filed court documents stating he attended a Blackhawks game at United Center in December of 2018. He contends the team "scanned Mr. Allen's facial geometry from security camera footage and stored a facial geometry template for Mr. Allen. The defendant failed to inform Mr. Allen in writing that it was collecting his biometric identifiers or information, the purpose and length of term for such collection, and failed to obtain their written consent before defendant collected his facial geometry scan." He also alleges the Blackhawks «never established or followed a publicly available written policy establishing a retention schedule and guidelines for permanently destroying scans of Mr. Allen's facial geometry."

In a response to the lawsuit, Chicago denies collecting any "biometric identifiers or information" from Mr. Allen and contends no laws were broken. The team also cited legal language written on game tickets in which the holder of tickets "expressly releases United Center joint venture, performers, athletes, playing teams, leagues and their current and former players» from «all actions, suits, claims, judgments, injuries and/or damages" in connection with events at the Chicago arena. Allen is asking a judge to make this a class action lawsuit, which would include "all customers who attended a Blackhawks game between Oct. 15, 2014, and the date his lawsuit was filed." While facial recognition software was first developed in the 1960s, computers can now compare more than one million faces per second, meaning the technology can be used in real time to identify fans as they come into a building.

Chicago is also facing a lawsuit from a former player who alleges he was sexually assaulted by former video coach Brad Aldrich. A high school hockey player sexually assaulted by Aldrich is also involved stating the team providing him with a letter of recommendation for his next job after leaving the Blackhawks.

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