face2social

How to Use Face2Social Lawfully: A U.S. Guide to Consent and Facial Recognition

This guide was prepared by Face2Social for informational purposes. It is intended to help Face2Social users understand the legal requirements that govern consent before submitting another person's photograph for a facial recognition search on Face2Social in the United States. Nothing in this guide constitutes legal advice for your specific circumstances. Laws in this area are evolving rapidly, and you should consult qualified legal counsel before taking action that depends on the particular laws of your state.

Users outside the United States should not rely on this guide and should consult local counsel regarding the laws of their jurisdiction.

1. Using Face2Social — Consent Requirements for Photo Searches

What Face2Social Does

Face2Social is a facial recognition search platform that analyzes a photograph you upload and locates publicly available instances of that image, or of the individual depicted, across social media platforms and other public websites. The platform indexes publicly available content only and does not grant users any rights to the content it locates. All search results are provided "as is" and must be independently verified by the user.

The Face2Social Terms of Use make clear that you, not Face2Social, are solely responsible for ensuring that your use of any located content complies with applicable copyright, privacy, and other laws. This responsibility is real, not merely theoretical. Several states impose significant legal duties on any person who causes facial recognition technology to be applied to another individual's image, and some of those duties carry substantial financial exposure.

The Core Legal Principle: Why Consent Matters

When you submit a photograph of another person to Face2Social, you are facilitating the analysis of that person's facial geometry, a biometric identifier aka biometric data. In most of the United States, biometric data is classified by law as sensitive personal information. The legal consequences of processing biometric data without authorization range from statutory fines enforced by state attorneys general to private lawsuits seeking statutory damages per violation.

Face2Social's Terms of Use expressly require that, when you submit content on behalf of a third party, you (a) have obtained that person's explicit consent to submit their content to the platform, (b) have informed them about how their content will be used, and (c) will promptly notify Face2Social if consent is revoked. The Terms further state that facilitating searches of third-party individuals without consent may violate privacy laws in certain jurisdictions, and that you assume all liability for ensuring compliance.

Practically speaking: if you are searching for yourself, you have no consent problem. If you are searching for another person, you need to understand what the law of your state, and possibly the law of the subject's state, requires before you proceed.

What "Consent" Means in Practice for Face2Social Users

Searching Your Own Image — No consent issue arises. You are the data subject and you are the submitting user.

Searching with Express Consent

Before submitting another person's photograph to Face2Social, it is best practice, and in many states a legal requirement, to obtain that person's prior, affirmative consent. The content of that consent should cover:

  1. The fact that you intend to submit their photograph to a facial recognition search platform;
  2. The name of the platform (Face2Social) and a brief description of how it works;
  3. The purpose for which you are conducting the search; and
  4. An acknowledgment that search results may locate publicly available images of the person across social media and other websites.

In states with opt-in requirements (such as Colorado, Virginia, Connecticut, Oregon, Montana, and others listed in Section II), that consent must be affirmative, meaning the person must take an active step to agree, not merely fail to object. A simple written message, including text, a signed acknowledgment, or a clear verbal agreement that is documented are all reasonable methods for obtaining affirmative consent. The practical guidance offered in this article includes a sample consent form for situations where a more formal record is appropriate.

Whether verbal consent is sufficient depends on the law of the relevant state. In many states with general opt-in requirements, there is no express requirement that consent be in writing; an affirmative verbal agreement can be sufficient provided it is clearly documented and shows the person understood what they were agreeing to.

States that have not yet addressed the specific form of consent required for biometric data collection will generally apply a reasonableness standard. When in doubt, written documentation is always the safer approach.

2. State-by-State Practical Summary

Approximately twenty states have enacted broad consumer privacy laws that classify biometric data as "sensitive personal information" requiring opt-in consent before it may be processed. The following summary covers the most relevant state-level positions for Face2Social users as of September 2026. This summary is general in nature and does not account for local ordinances that may impose additional requirements. Verify current law before relying on this summary.

Illinois: Do Not Use Face2Social

Illinois has the most protective facial recognition privacy law in the country. It requires written, informed consent before anyone collects, captures, or otherwise obtains a person's facial geometry from a photograph, and it applies to individuals and businesses alike.

Face2Social expressly prohibits use of its services by Illinois residents or on behalf of Illinois residents. The platform has implemented technical measures to block access from Illinois, and the service may not lawfully be used by anyone subject to Illinois law. If you are an Illinois resident, do not use this service. If you intend to search for an Illinois resident, do not use this service.

States with Opt-In Consent Requirements

Texas requires that you obtain the other person's consent before submitting their photo for a facial recognition search. Texas does not require that consent be in writing; a documented verbal agreement works, though written consent is always the safer choice. Texas has also made clear that a photo being publicly available online is not the same as the person consenting to a facial recognition search. You cannot assume that because someone's profile picture is public, you are free to search it.

California does not require you, as an individual user, to obtain opt-in consent before conducting a facial recognition search. However, California does require the platform, Face2Social, to disclose that it collects biometric data and to give California consumers the right to limit how that data is used. Face2Social handles those obligations on its end. As a user, if you are searching for another person, best practice is still to obtain their consent even though California does not strictly require it of you individually.

The following states also require affirmative opt-in consent before a person's facial geometry may be collected or processed: Colorado, Connecticut, Virginia, Oregon, Montana, Delaware, Minnesota, Maryland, Nebraska, New Hampshire, New Jersey, Indiana, Kentucky, and Tennessee. In practical terms for Face2Social users, this means you must obtain the other person's clear agreement before submitting their photo. A text message reply, a signed note, or a documented verbal confirmation all work, as long as it is affirmative and the person understood what they were agreeing to.

States with Notice or Opt-Out Models

Utah and Iowa require that users be given notice and the ability to opt out, but they do not require upfront affirmative consent before a search. California operates similarly: the platform must give consumers the right to limit use of their data, but you as an individual user do not need to obtain consent before searching.

No Biometric Law

A number of states have not passed any law specifically addressing facial recognition or biometric data. In those states, there is no legal requirement to obtain consent before conducting a facial recognition search on Face2Social. That said, the absence of a specific law does not mean anything goes; general privacy and harassment laws still apply, and using search results to stalk, intimidate, or harm someone is illegal everywhere. Even where no state law applies, Face2Social's Terms of Use independently require consent before you submit another person's photograph. As explained in the "A Note on Face2Social's Terms of Use" section below, this obligation applies to all users regardless of where they live. The safest and most respectful practice, regardless of where you live, is to ask before you search.

3. Sample Consent Form

If you are in a state that requires written or documented consent, or if you simply want a record of consent, the following form is suitable for personal or small-business use. You should have legal counsel review this consent form before deploying it in a commercial or employment setting or relying on it for any purpose.

FACIAL RECOGNITION CONSENT AND AUTHORIZATION

I, the undersigned, hereby provide my free and voluntary consent to the following:

1. Identity of the Person Obtaining Consent

Name: ________________________________

Address: ________________________________

Email: ________________________________

2. Purpose of the Search

I understand that the person identified above (or their organization) intends to submit my photograph to Face2Social (face2social.com), a facial recognition search platform, for the following purpose:

[Describe the purpose, e.g., verifying identity, locating publicly available images, security research, personal use]

________________________________

3. How My Information Will Be Used

I understand that Face2Social will analyze the facial geometry in my photograph and search publicly available social media profiles and websites for instances where my face or image appears. I have been informed that Face2Social's Privacy Policy governs how my data is handled by the platform, and that Face2Social retains biometric data for no longer than three years from the date of collection or until the purpose for collection has been satisfied, whichever is earlier.

4. Voluntary Consent

I understand that my consent is voluntary and that I may withdraw it at any time by notifying the person identified above in writing. I understand that withdrawal of consent will not affect the lawfulness of any processing that occurred before withdrawal.

5. No Guarantee of Accuracy

I understand that Face2Social search results are provided "as is" and may not be complete, accurate, or current.

Signature: ________________________________

Printed Name: ________________________________

Date: ________________________________

This consent form is provided as a general reference. It does not constitute legal advice and may not satisfy the requirements of every state or local jurisdiction. If you are collecting biometric data in a commercial or employment context, consult qualified legal counsel before using this form.

A Note on Face2Social's Terms of Use

Face2Social's Terms of Use independently require that, before submitting any third party's content, you confirm that you have obtained explicit consent from that person, that you have informed them how their content will be used, and that you will notify Face2Social if consent is revoked. Face2Social reserves the right to require proof of consent at any time and to remove third-party content if consent cannot be verified.

Users who submit another person's image without satisfying these requirements are in breach of the Terms of Use and assume personal liability for any resulting legal claims, a point the Terms make expressly.