Improper Use Of An Employee's Fingerprints, Eyes Or Face

Companies are increasingly using employee fingerprints, hand scans, retina scans or facial recognition technology for timekeeping, as well as building, computer and smartphone access. In 2008, the Illinois Biometric Information Privacy Act ("BIPA") was enacted to regulate the use, collection, storage, safeguarding, handling, retention and destruction of an individual's fingerprints and identifying information from hand, retina and facial scans. BIPA defines these biologically unique traits as biometric identifiers. The individuals covered by BIPA include employees at companies using scanning devices.

In 2019, the Illinois Supreme Court held that employees do not need to demonstrate any actual harm to establish that they were "aggrieved" by their employer's violations of BIPA. In short, a simple failure to follow BIPA's requirements is enough to establish an employee's "harm." The Court's decision has resulted in numerous class action lawsuits being filed in