Does your employer require your biometric data for any purpose? Are you concerned that the company could be infringing on your privacy? The Illinois Supreme Court recently made a significant ruling on the Biometric Information Privacy Act (BIPA). Essentially, the ruling gives employees more control over their biometric data and creates avenues for claiming compensation.
What is the Biometric Information Privacy Act (BIPA)?
BIPA was formed to regulate the collection, storage, use, and disposal of people’s biometric data. It was formed in response to businesses’ growing use of biometric data. The recent ruling by the Illinois Supreme Court affirms that individuals have a right to their biometric data and should control it as they wish.
When is an Employer Liable for Violating BIPA?
Employers in Illinois can still require their employees to submit their biometric data. However, they are liable for violating BIPA laws if they fail to do any of the following:
- Obtain your written approval to collect and use your biometric data.
- Provide you with written information that they are collecting and using your biometric data.
- Specify the purpose of collecting the biometric data.
- Specify for how long the biometric data will be collected, used, and stored.
- Use the data for authorized purposes only.
It is also worth noting that companies are required to destroy their employees’ biometric data after it serves its intended purpose or within three years of the employee’s last interaction with the company. Your employer is also required to issue a detailed policy on its collection, storage, and use of biometric data.
Do You Have a Claim?
If you have worked somewhere that required you to scan a fingerprint, handprint, face, or any other biometric information, you may be entitled to compensation.
Disparti Law Group is the leader in Employment Law in Chicago, and we have recovered more than $1 billion for our clients. Get in touch or call 312-600-6000 today to learn more about how we can help.