Virtual Try-On Tools Raise Facial Scan Privacy Questions
Shoppers who use selfie-based try-on features should check how retailers collect and keep facial images.
Updated on Nov. 5, 2026 in Beauty
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Virtual try-on tools that let shoppers test makeup, eyewear, and clothing with a selfie are now built into beauty, eyewear, and apparel shopping, while privacy rules for the facial data they collect remain uneven across jurisdictions. Shoppers in Illinois and the European Union have the most developed legal protections, and a class action against MAC Cosmetics over facial scans remains open.
Why it matters
Because these tools map facial geometry, they touch biometric data that many privacy laws treat as especially sensitive, so the rules a shopper gets depend heavily on where they live and which retailer they use. The lawsuits show that consent and disclosure requirements are being tested now, as the technology spreads faster than the law.
The most concrete evidence comes from court records: a denied motion to dismiss in the MAC Cosmetics class action, and a 2024 suit against Estée Lauder that was dismissed because the plaintiff could not show the company could identify customers from their scans. Neither outcome establishes a final answer on whether try-on scanning violates the law.
The players
MAC Cosmetics
A cosmetics brand whose virtual try-on tool is the subject of an Illinois biometric privacy class action.
Estée Lauder
A major beauty company that faced a 2024 biometric privacy suit over its try-on tools, which a judge dismissed.
The details
A user typically uploads a selfie and then selects a product shade or style in the try-on tool, which maps facial features so the product can be overlaid on the image. ChatGPT's try-on feature saves reference photos so shoppers can reuse them, which extends how long facial images may be retained. Under the Illinois Biometric Information Privacy Act, a company must obtain written consent before collecting biometric data, and the MAC Cosmetics suit alleges that consent was not obtained for facial geometry scans.
Timeline
2018: The General Data Protection Regulation took effect in the European Union.
2024: A suit was filed against Estée Lauder alleging failure to warn customers that try-on tools would collect biometric information.
June 2026: MAC Cosmetics moved to dismiss the class action, and the motion was later denied.
Health Landscape
Biometric data, including facial geometry, is treated as especially sensitive under the Illinois statute and under the European Union's GDPR, which has applied since 2018. Consumer tools that scan the face are now operating in a space where these protections were written for other purposes, and courts are being asked to decide how they apply.
If you use virtual try-on tools, it is worth reading each retailer's privacy notice to see whether it stores your selfie or facial scan and for how long. Shoppers who want to limit how their facial images are kept can ask the retailer directly about deletion, and this is a good question to raise with your own privacy advisor or a relevant regulator if concerns arise.
The takeaway
Facial scanning in shopping tools is a privacy question as much as a beauty one, and the legal answer depends on where you live. Before using a try-on feature, check whether the retailer discloses biometric collection and how long it keeps your images.
Further reading
For more on the products driving this trend, see our Beauty coverage.
Source note: This article includes information reported by Us Weekly.
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