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 fingerprints
