Facebook could be in hot water over its facial recognition software.

The social media giant is accused of violating users' privacy by collecting and storing biometric data without permission in order to make tagging suggestions.

Facebook has argued to have the civil suit dismissed, but a US judge rejected this request.

Facebook could be in hot water over its facial recognition software. The social media giant was accused of violating users' privacy by collecting and storing biometric data without permission in order to make tagging suggestions. Facebook has argued to have the civil suit dismissed, but a US judge rejected this request

FACEBOOK USER FIGURES People on average visit the site for 15 minutes a day. Daily active users (DAUs) - DAUs were 1.09 billion on average for March 2016, an increase of 16% year-over-year. Mobile DAUs - Mobile DAUs were 989 million on average for March 2016, an increase of 24% year-over-year. Monthly active users (MAUs) - MAUs were 1.65 billion as of March 31, 2016, an increase of 15% year-over-year. Mobile MAUs - Mobile MAUs were 1.51 billion as of March 31, 2016, an increase of 21% year-over-year. Advertisement

The lawsuit filed by three Illinois residents under the auspices of the state's Biometric Information Privacy Act can proceed, US District Court Judge James Donato said.

In the civil suit, they accuse Facebook of violating privacy with face-recognition software to help 'tag' people in pictures.

'The court accepts as true plaintiffs' allegations that Facebook's face recognition technology involves a scan of face geometry that was done without plaintiffs' consent,' Donato said in the ruling.

It appeared that legislators in Illinois passed the act to address emerging biometric technology such as Facebook face-recognition software at issue in the case, according to the judge.

Facebook had argued in a motion to dismiss that analyzing uploaded photographs did not qualify as biometric data and that the Illinois law did not apply.

The lawsuit focuses on Facebook's face-recognition software, which aims to help 'tag' people in pictures, as pictured above

The leading social network had modified its terms of service to state that California law applies, but timing and circumstances permit the application of the Illinois act in the suit, the 24-page ruling said.

The suit accuses Facebook of unlawfully collecting and storing biometric data taken from faces in pictures 'secretly and without consent' for a feature that lets people 'tag' friends by name at the social network.

Lawyers for the plaintiffs contend that Facebook is violating Illinois law because biometric identifiers in the form of facial geometry are gathered, stored and then used for tagging suggestions at the California-based social network without permission.

The suit accuses Facebook of unlawfully collecting and storing biometric data taken from faces in pictures 'secretly and without consent' for a feature that lets people 'tag' friends by name at the social network

The suit, which seeks unspecified damages, comes as Internet titans such as Facebook, Google, and others are investing heavily in artificial intelligence to better recognize, understand and cater to users of online offerings.

Just last month, Facebook was hit with a lawsuit regarding its plan to issue new stock.

The company said in April it will create a new class of non-voting shares in a move aimed at letting Chief Executive Mark Zuckerberg give away his wealth without relinquishing control of the social media juggernaut he founded, Reuters reports.