Over the past few months, businesses have seen a significant uptick in putative class action lawsuits filed in Illinois state court, alleging claims under Illinois’ 2008 privacy law, the Biometric Information Privacy Act (“BIPA”). 740 ILCS 14/1 et seq.
At least 27 employment class actions alleging violations of the Illinois BIPA have been filed in Illinois state court since July 2017. Many of these suits contain similar allegations, including that employers are violating BIPA by collecting employees’ fingerprints, retina scans, or other biometric data for use in timekeeping systems but are failing to provide written notice or to obtain the required written consent of their employees. The cases also allege violations of BIPA by defendants for failing to promulgate a policy on usage and destruction of the biometric data.
Plaintiffs in these suits seek to recover statutory liquidated damages of $1,000 for each negligent violation, or $5,000 for each intentional or reckless violation. Plaintiffs additionally seek injunctive relief and attorney’s fees and costs.
Illinois’ BIPA law generally requires that a business collecting biometric data, including fingerprints and retina scans, obtain written consent before using such data. As this privacy area becomes more litigated, and as timekeeping technology continues to become more advanced, businesses must remain diligent in complying with state privacy laws, including BIPA.
