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Why is Snap being sued?

The lawsuit alleges that the app's filters and lenses spent years scanning users' faces to apply special effects in photos without explicitly notifying users that it was creating and storing that data, making those actions illegal under Illinois' strict biometric privacy laws.

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Snap Inc., the social media app's parent company, is set to pay out $35 million to current and former Illinois residents for allegedly storing their facial recognition data without their consent. You have until Saturday, November 5, to submit a claim, which can be found on the settlement's website. You'll need to include your Snapchat username and at least one Illinois address where you lived.

The settlement's final approval hearing is scheduled for November 17.

The lawsuit alleges that the app's filters and lenses spent years scanning users' faces to apply special effects in photos without explicitly notifying users that it was creating and storing that data, making those actions illegal under Illinois' strict biometric privacy laws. Snap doesn't admit any fault under the settlement's current terms, and "continues to vehemently deny" that the features violate state law, a company spokesperson tells CNBC Make It. The data it collects can't be used to identify specific people, stays on users' phones and is never sent to the company's servers, the spokesperson says — adding that Illinois users received an in-app consent notice earlier this year "out of an abundance of caution." In May, Facebook's $650 million settlement sent payments of up to $397 to over 1.4 million people.

More lawsuits across the country could follow, too.

Texas and Washington also have biometric privacy laws, and similar pieces of legislation in California, Colorado, Connecticut, Utah and Virginia will take effect next year. California residents already have some data protection under the California Consumer Privacy Act. Federal rules are also possible. In August, the Federal Trade Commission announced it was "exploring rules to crack down" on companies that collect "vast troves of consumer information, only a small fraction of which consumers protectively share," according to its website. Any lawsuits outside of Illinois would likely be smaller, with less payout for users, says Caitlin Fennessy, vice president and chief knowledge officer at the International Association of Privacy Professionals. That's because the Illinois law has an unusually broad private right of action, or the right for U.S. citizens to claim that their rights are being violated under the law, she explains. Fennessy also notes that as our collective understanding of data privacy grows, future lawsuits will focus less on user consent and more on what companies do with biometric data once they have it. Eventually, "organizations will have to recognize they can't be breached for data they don't hold, and will have to think [and disclose] ... about what data they're collecting and the extent to which they need it," she says.

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Can Snapchat see my eyes only?

Without the password, no one can view the things you've saved to My Eyes Only — not even us! Be careful, though, because if you forget your password, there's no way to recover those encrypted Snaps.

Just like talking to someone in person or on the phone, having a conversation through Snaps and Chats lets you express whatever’s on your mind at the time — without automatically keeping a permanent record of everything you’ve ever said. Of course, you can also choose to save a Snap before you send it and recipients can always take a screenshot. You can also save a message in Chat. Just tap it. Snapchat makes it easy to save what’s important, without being bogged down by the rest. Saving Snaps was designed with privacy in mind. You control whether your Snaps can be saved. Set the Snap time to no time limit to allow a Snap to be saved. You can always delete any message you sent, including Snaps that have been saved in Chat. Just press and hold to unsave. Voice and Video Chat allows you to check in with your Friends. If you just want to leave a voice message, we’ve got you covered, just press and hold the microphone to record a Voice Note. You can also opt-in to allow us to create and make available transcripts of your Voice Chats so your Friends can read them when they don’t have their headphones handy. Snaps and Chats, including Voice and Video Chats, between you and your friends are private — we don’t scan their content to create profiles or show you ads. This means we typically don’t know what you’re saying or Snapping unless you ask us to (for example, if you opt-in to Voice Chat transcripts). In addition, we keep some metadata on the Snaps and Chats you send and receive.

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