Improper Use Of An Employee's Fingerprints, Eyes Or Face (Second Publication)

Earlier this year, we published the below summary of the Illinois Biometric Information Privacy Act ("BIPA"). Because of increased litigation in this area over the last couple of months, we are publishing the information again and urging companies to evaluate their use of employee fingerprints, hand scans, retina scans or facial recognition technology anywhere in the workplace. Failing to obtain an employee's written consent prior to using, collecting or retaining their biometric information is resulting in class action litigation that may not be covered by the company's insurance program.

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