Fair. If anything is stored, it likely would be illegal in some states.

Frustratingly, the BIPA might exclude these offensive actions. It was really designed to protect customers from bad businesses. This sort of action probably didn't factor into it.

https://news.ycombinator.com/item?id=45750955

From the statute: "A private entity does not include a State or local government agency."

Something must already be stored, for them to be comparing the photo against.

Hypothetically: driver license/passport databases are theirs already