ABSTRACT

Privacy is a core value shared among human communities that is, as privacy law scholar Helen Nissenbaum described, "among the rights, duties, or values of any morally legitimate social and political system." The "limited privacy" approach is slightly different than courts have generally taken in the United States. In 2017, two Illinois citizens sued Google under the state’s biometric information privacy act arguing that they and other people had taken their photos, which were then uploaded to Google Photos to create face-templates "to recognize their gender, age, race, and location." Law professor and renowned scholar William Prosser identified the harms as "privacy torts," legal rights existing outside of traditional contract and property law that could result in successful lawsuits when deprived through actions such as trespassing, misappropriation of one’s image or likeness, or publishing one’s private matters such as letters.