Ready to go toe-to-toe against the likes of Steph Curry or LeBron James? You could with Take-Two Interactive's MyPlayer feature of its NBA 2K15 and NBA 2K16 games, which -- through the magic of facial scanning -- puts your face on one of the virtual players. But if you're worried about how Take-Two will store and use your biometric data, you might want to think twice about the feature.
Federal judge John Koeltl of the Southern District of New York on Monday dismissed a proposed class action suit filed by brother and sister Ricardo and Vanessa Vigil, saying the plaintiffs didn't show "concrete" harm from the way the gaming company stores and uses their biometric data.
In the lawsuit, the Vigils admit giving consent to have their faces scanned for game play, but maintain the company failed to meet several provisions of the Illinois Biometric Information Privacy Act. While providing a list of supposed violations, the Vigils' allegations that Take-Two's storage and dissemination practices "have subjected their facial scans to an 'enhanced risk of harm' of somehow falling into the 'wrong hands,' ... is too abstract and speculative to support standing," Koeltl wrote.
Take-Two declined to comment.
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