A lawsuit filed in California federal court alleges Disney doesn't properly disclose its biometric data collection to visitors, including children
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The Walt Disney $DIS Company has been sued in California federal court over its use of facial recognition technology at the entrances to Disneyland and Disney California Adventure Park, with the proposed class action seeking at least $5 million in damages.
The suit, filed on behalf of lead plaintiff Summer Christine Duffield, a Riverside County resident who visited both parks in May, names Disney as the defendant, with attorney Blake Hunter Yagman stating that the lawsuit was prompted by Duffield's concerns about her privacy rights. Privacy, competition, and consumer protection laws are at the center of the complaint, which contends that Disney's biometric data collection from guests lacks adequate disclosure.
"When American families and their children visit a theme park, let alone a brand that's as ubiquitous as Disney, they shouldn't sacrifice their privacy rights when they enter," Yagman said in a statement. "As facial recognition becomes more common, and it proliferates in public places, it's more important than ever that we protect people's privacy rights."
Starting in April, facial recognition terminals went live at park entry points; each scan is matched against the photo a visitor submitted when originally activating their ticket or annual pass. According to language posted on its website, Disney characterizes the program as voluntary, notes that guests can use alternative entry points to bypass the scans entirely, and states that any captured data is purged within a month.
The lawsuit challenges each of those assertions. It argues that signage directing guests away from facial recognition lanes — described in the complaint as a slash through a silhouette — does not constitute meaningful notice or a genuine opt-out. The 30-day purge timeline is also disputed, with the complaint arguing that the claim does not hold up given that the system must retain ticket-linked photos long enough to match them against new arrivals at the gate. Minor visitors are not exempt from the data collection, the complaint adds, meaning the technology sweeps up facial information from children alongside their adult companions.
"Guests should be able to expressly opt in to this type of sensitive facial recognition technology with written consent," Yagman wrote in the complaint. "The onus of privacy rights should not be on the victim."
In California, businesses are permitted to use facial recognition but must comply with disclosure requirements and allow consumers to limit how their data is used and shared. The lawsuit argues Disney has not met those standards.
Disney did not respond to requests for comment from multiple outlets. A prior $10 million settlement with the Federal Trade Commission, stemming from allegations about how Disney handled children's data, was cited by The Hollywood Reporter as relevant background to the current action.
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