Well, if the birthday party were in, say, Illinois, it's obviously that FB is in violation of Illinois law with respect to facial recognition.
Further, it being a child's birthday party, at a private residence, the photographer's action becomes a tort in the vast majority of states. If you were a big enough pain in FB's butt, you could use that to stop distribution of the images at a minimum.
It's true that the easiest method of guaranteeing ironclad, legally enforceable privacy with respect to this facial recog stuff is to live in Illinois. But that doesn't mean the situation is hopeless for people who live in other states. It's just a matter of whether or not you want to do the legwork of making the claims. Which, depending on the state you live in, may have to be based on anything from privacy violation like Illinois, to contributory copyright infringement if you took the photo and forwarded to your friend who then posted it.
So it would depend on both the situation, and the state and municipality in which you reside. I can't give you one catchall, because there isn't one catchall right now these laws are uneven across the country. And very much in flux right now.
Further, it being a child's birthday party, at a private residence, the photographer's action becomes a tort in the vast majority of states. If you were a big enough pain in FB's butt, you could use that to stop distribution of the images at a minimum.
It's true that the easiest method of guaranteeing ironclad, legally enforceable privacy with respect to this facial recog stuff is to live in Illinois. But that doesn't mean the situation is hopeless for people who live in other states. It's just a matter of whether or not you want to do the legwork of making the claims. Which, depending on the state you live in, may have to be based on anything from privacy violation like Illinois, to contributory copyright infringement if you took the photo and forwarded to your friend who then posted it.
So it would depend on both the situation, and the state and municipality in which you reside. I can't give you one catchall, because there isn't one catchall right now these laws are uneven across the country. And very much in flux right now.