Plaintiffs allege Disney collected biometric data from theme park guests without sufficient disclosure or meaningful consent after expanding facial recognition screening at park entry gates.
By yourNEWS Media Newsroom
Disney is facing a proposed $5 million class action lawsuit over its use of facial recognition technology at Disneyland Resort entrances in California, with plaintiffs alleging the company failed to properly notify guests that their biometric information was being collected and processed.
The complaint was filed May 15 in federal court by visitor Summer Christine Duffield following a visit to Disneyland Park and Disney California Adventure with her minor children on May 10. The lawsuit challenges the facial scanning system introduced by Disney in April at entry points throughout the Anaheim resort.
According to the complaint, the system photographs guests as they enter the parks and converts facial images into biometric measurements that are compared against photos tied to tickets or annual passes. Disney has stated the technology is intended to reduce ticket fraud and streamline park reentry.
The lawsuit alleges the company violated California privacy, consumer protection, and unfair competition laws by collecting biometric information without obtaining explicit informed consent from visitors.
“The company does not adequately disclose the use of their biometric collection, so consumers – which almost always include children – have no idea that Disney is collecting this highly sensitive data,” the complaint states.
By late April, facial recognition technology had reportedly been deployed in most entrance lanes at Disneyland Resort. A Los Angeles Times report found that only a small number of entry lanes did not utilize the biometric scanning system.
Some visitors interviewed by the publication said they were unaware an alternative to facial scanning existed before entering the designated lanes. Others expressed concern about the use of the technology on children and families.
According to the lawsuit, opt-out notices consisted primarily of small signs displaying a crossed-out facial silhouette symbol posted near select entrances. Plaintiffs argue Disney did not provide verbal notification, app-based alerts, or written consent forms informing guests about biometric collection before scanning occurred.
Attorney Blake Yagman, representing the proposed class, argued that biometric systems involving facial recognition should require affirmative written permission before data collection begins.
“Guests should be able to expressly opt in to this type of sensitive facial recognition technology with written consent – the onus of privacy rights should not be on the victim,” Yagman wrote in the filing.
“Given how sensitive facial recognition data is, explicit written consent should be required to protect the privacy guests at Disney Theme Parks.”
The legal dispute centers heavily on the distinction between opt-in and opt-out consent structures. Plaintiffs contend Disney designed the system to maximize biometric collection by requiring visitors to identify and avoid facial scanning lanes rather than actively consenting beforehand.
The lawsuit also challenges Disney’s public statements regarding data retention policies. Disney’s privacy disclosures reportedly state that numerical values generated from facial scans are deleted within 30 days unless retained for legal or fraud-prevention purposes.
Plaintiffs argue that claim conflicts with how the technology functions for annual passholders and returning visitors.
According to the complaint, facial recognition matching requires reference images connected to tickets or passes to remain stored for comparison purposes over longer periods of time.
Disneyland spokesperson Jessica Jakary responded to the lawsuit by defending the company’s data handling practices.
“We respect and protect our guests’ personal information and dispute the plaintiff’s claims, which we believe are without merit,” Jakary said.
The complaint additionally references other biometric-related technologies used within Disney’s parks, including MagicBand wearable devices and the company’s PhotoPass photography services. Plaintiffs allege Disney aggregates consumer information across multiple systems to build broader behavioral and purchasing profiles tied to park visitors.
The lawsuit claims Disney’s data collection infrastructure allows the company to monitor guest movement throughout the parks, track purchases, analyze ride preferences, and associate those activities with biometric identifiers.
Disney has not publicly indicated whether it plans to alter the facial recognition program while the litigation proceeds.