Since 2015, many biometric data class action lawsuits have popped up around the country. These suits include actions against Facebook, Shutterfly, and Google for alleged BIPA violations. Of note, the Supreme Court of Illinois ruled that, “Compliance should not be difficult; whatever expenses a business might incur to meet the law’s requirements are likely to be insignificant compared to the substantial and irreversible harm that could result if biometric identifiers and information are not properly safeguarded” in Rosenbach v. Six Flags.
The use of biometrics as a tool for achieving stronger security or improved customer experience is becoming increasingly common. Before your business integrates biometric technologies into its platforms and processes, it is important to understand the risks that they pose to customers’ personal privacy and the legal ramifications of using such technologies.
One of the more concerning BIPA lawsuits filed are on behalf of employees against employers based on the use of biometric information in the workplace. According to IllinoisPolicy.org, “Roundy’s, which operates the Mariano’s grocery store chain, InterContinental Hotels Group and Zayo Group were sued under the BIPA over the allegedly improper collection and storage of employee biometrics such as fingerprints and hand scans.”
Since July 2017, multiple class-action lawsuits have been filed in Illinois state court by current and former employees alleging their employers had violated the BIPA. A multitude of employers are being sued for alleged BIPA violations: Speedway, LLC; Greencore USA-CPG Partners, LLC; Peacock Foods; Superior Air-Ground Ambulance Service, Inc; Millard Group, LLC; Alliance Ground International, LLC; Pineapple Hospitality Company; Pineapple Restaurant Group, LLC; The Alise; ABRA Auto Body & Glass; and many more.
In nearly all of the employee BIPA cases, the employees have alleged their employers used fingerprint-operated machines or hand-print operated machines to clock or track employee work hours. In many instances, the employees allege that their employers “failed to inform employees about the companies’ policies for use, storage and ultimate destruction of the fingerprint data or obtain the employees’ written consent before collecting, using or storing the biometric information.”
Potential Impacts of Biometric Data Breaches
Employees, consumers, and everyone else interacting with biometric technologies should be concerned about the privacy and security of their biometric information, as the General Assembly noted,
Biometrics … are biologically unique to the individual; therefore, once compromised, the individual has no recourse, is at heightened risk for identity theft, and is likely to withdraw from biometric-facilitated transactions.
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Peiffer Wolf represents employees and consumers in class action lawsuits against businesses and corporations around the world that improperly utilize biometric data technologies. If your employer is collecting biometric data, you may have a case. Please contact the Employee Rights lawyers at Peiffer Wolf by filling out an online contact form or by calling 314-669-3600 for a FREE Consultation.