Two Illinois class actions accuse Grok of scanning faces in uploaded photos without consent

What happened

Two class action lawsuits were filed in Chicago on October 7 and October 12, 2026 against Elon Musk's SpaceXAI, alleging that Grok scans the faces of people in any photos uploaded to the platform without their permission. Cook County resident Cesar Padilla is a named plaintiff.

Details

• The suits allege Grok records facial geometry such as the shape and positioning of the eyes, nose, lips and jaw when users upload photos for analysis or editing.
• The scans are alleged to be traceable to users' accounts, with no publicly disclosed policy explaining when the data is deleted.
• The claims are brought under the Illinois Biometric Information Privacy Act (BIPA), which requires written notice, signed consent, and disclosure of retention and disposal schedules; statutory damages are $1,000 per negligent violation and $5,000 per intentional or reckless violation.

Why it matters

The hearings will test whether AI-generated facial scans derived from user photos qualify as biometric data under BIPA, extending the AI-use-of-work docket into biometric privacy.