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Illinois Biometric Information Privacy Act Overview
Illinois has enacted certain privacy protections when it comes to the biomertic information of its residents called the Biometric Information Privacy Act, or BIPA.
The term biometrics refers to body measurements, calculations, and data specifically associated with each individual. These metrics relate to human characteristics. Most often, this data is used to identify individual people are part of a bigger group. This data is also used in computer science for the purpose of access control.
As technology in the workplace has increased, more employers are using biometric data in an effort to allow employees to obtain access to work locations or the clock in and out of work. While this might seem convenient for the company, laws like the Illinois Biometric Privacy Act impact how and when this data can be collected and used.
Employer Interactions with Biometric Data
Employers must be familiar with the kinds of data collection that are affected by biometric privacy laws in order to develop clear procedures and rules. BIPA outlines what employers can do with biometric information collected from Illinois employees.
Some of the covered interactions for biometric privacy include fingerprints, retinal scans, voiceprints, and face geometry.
Privacy Requirements
Under BIPA, employers in Illinois have to meet several requirements for privacy before transferring or getting any biometric information from workers. According to industry publication CSO Online, these include telling an employee that their information is being collected or store, informing the employee about the purpose and time span of the collection and getting a written release from the employee also known as informed consent.
Affirmative Consent
Informed consent and affirmative consent refer to the employer’s collection of the worker’s acknowledgment. This is a written release from the employee or a release from the employee as a condition of their employment.
After the employer has made clear the purpose and details surrounding the collection of biometric data, the employee should have a chance to review this information and agree that they understand it.
Written Privacy Policies
Under BIPA, in addition to sharing the details of the biometric privacy data collection with employees who will be affected by it, the company must use a written policy explaining their schedule. The schedule must reference the collection of biometric information and identifiers and the guidelines for when and how this information will be destroyed.
Employers might explain, for example, that there is a certain time period after which the employee’s personal information will be destroyed after that worker has left the company.
Data Storage Limitations
Although companies can decide their own policies for collecting and storing the data in most cases, there are specific things employers cannot do with the information. For example, under the state’s biometric privacy law, no Illinois employer can trade, lease, sell, or profit from the biometric information or identifiers belonging to an employee.
BIPA Liabilities
For those employers who do not comply with the rules and laws surrounding BIPA, employees are eligible to take legal action against that employer. A private employer who breaches these laws could be named in a lawsuit. In fact, a number of major companies have been hit with lawsuits over alleged violations of Illinois Biometric Information Privacy Act, including Walmart and Google.
If the employee is successful in this case, the worker could receive up to $1,000 for each violation in liquidated damages or actual damages, whichever of the two is higher.
Furthermore, the liabilities can extend to other aspects of the legal claim, such as the fees for expert witnesses, attorneys’ fees, and costs.
