HireVue Class Action Alleges Company Collects Interview Candidates’ Biometric Data Without Informed Consent

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HireVue BIPA Class Action Lawsuit Overview: 

• Who: Kristen Deyerler filed a class action lawsuit against HireVue Inc. 
• Why: Deyerler claims HireVue unlawfully collects the biometric data of job candidates without their informed consent in violation of the Illinois Biometric Information Privacy Act.
• Where: The class action lawsuit was filed in Illinois circuit court. 

HireVue Inc. captures its users biometric identifying information without informed written consent, a new class action lawsuit alleges.

Plaintiff Kristen Deyerler claims HireVue, an online video interview platform, improperly captures, collects, disseminates or otherwise uses the biometric data of users to “assess a potential job candidate through artificial intelligence.”

Deyerler wants to represent an Illinois class of individuals whose biometric data was captured, collected, received by trade or otherwise obtained by HireVue’s video interview software.

Deyerler claims HireVue uses “biometrically enabled software” that extracts biometric information from job candidates by using facial geometry scanning and tracking.

HireVue’s alleged biometric data collection violates the Illinois Biometric Information Privacy Act (BIPA), the class action lawsuit alleges.

Deyerler argues that, to be in compliance with BIPA, HireVue needed to first inform job candidates in writing that their biometric data was going to be collected or stored.

Further, HireVue needed to receive a written release from the job candidates before they collected any of their biometric data in addition to publicly publishing how they planned to permanently destroy any biometric data collected.

BIPA Requirements In Place To ‘Bestow A Right To Privacy’

“BIPA’s requirements bestow a right to privacy in biometrics and a right to make an informed decision when electing whether to provide or withhold biometrics,” the class action lawsuit states.

Deyerler argues that, in addition to the alleged BIPA violations, the software used by HireVue also causes biometric data collected by the company to be disseminated to third parties, including data storage vendors.

“To this day, Plaintiff is unaware of the status of her biometrics obtained by Defendant,” the lawsuit states.

Deyerler is demanding a jury trial and requesting injunctive relief along with statutory damages for herself and all class members.

A separate class action lawsuit involving an alleged violation of BIPA was filed earlier this month against Pearson Education by a customer claiming the company improperly collected the biometric data of its test-taking customers.

Have you had your biometric data improperly collected by HireVue? Let us know in the comments! 

The plaintiff is represented by David L. Gerbie, Timothy P. Kingsbury and Andrew T. Heldut of McGuire Law, P.C. 

The HireVue BIPA Class Action Lawsuit is Deyerler v. HireVue Inc., Case No. 2022CH00719, in the Circuit Court of Cook County.

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