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YOUR FACE, YOUR FINGERPRINTS, YOUR VOICE. The contours of your retina. These unique and unchangeable aspects to your identity are known as biometrics.
They can help make life more convenient, or they can be used in a host of ways by a range of agencies to track and monitor you.
Biometric data has evolved from fingerprints and pictures of faces to now include digitized voice profiles and cornea scans. Data from these tools finds its way to everyone from law enforcement to local merchants.
Today, the use of biometrics has been adopted by law enforcement, commercial applications, migration control, personal identification and health care, according to the U.S. Dept. of Homeland Security.
More and more class action cases are being filed in the wake of biometric technology growing usage. Top Class Actions has been monitoring developments in this field as it relates to consumer data protection and safety and continues to keep readers abreast of the latest lawsuits.
What are Biometrics?
The U.S. Department of Homeland Security defines a biometric as a “measurable biological (anatomical and physiological) and behavioral characteristic that can be used for automated recognition.”
These measurable characteristics include:
- Face recognition
- Iris recognition
- Fingerprint scanner
- Voice recognition
- Hand geometry: “Measures and records the length, thickness, width, and surface area of a person’s hand. These devices date back to the 1980s and were typically used in security applications.”
- Behavior characteristics: Software that analyzes how a user interacts with a computer, often on a website but can also analyze video feeds. Keystrokes, mouse movements, walking patterns can all be used as inputs.
Why Should I Be Worried About My Biometric Data?
TOP CLASS ACTIONS TRACKS DEVELOPMENTS in this field of technology as it relates to consumer data protection and safety.
While using biometric data promises to make life more efficient, privacy and safety concerns lurk around every corner.
Cybersecurity experts say any set of data has the potential to get hacked, which poses a more serious issue due to the fact that a person’s biometrics cannot be changed.
The issue of this information falling into criminal hands prompted Illinois state lawmakers to craft a set of laws intended to safeguard its residents’ biometric information.
An Illinois-based fingerprint payment company, Pay By Touch, had filed for bankruptcy in 2007, leaving many to question if their fingerprint data would be sold as a result.
In 2008, the Illinois General Assembly passed the Biometric Information Privacy Act (BIPA), a first of its kind for the state.
The laws require biometric data, however used, to be in compliance with certain rules. Some of these rules include getting consent, publishing policies on how the data is stored and schedules of when the data will be destroyed.
While Washington and Texas have similar laws, Illinois BIPA is the only law in the U.S. that grants a right to sue, Lexology reports.
Biometric Data Protection Lawsuits
A LITANY OF CLASS ACTION LAWSUITS have come about since the implementation of BIPA. Many center on the use of fingerprints to clock in to work. Top Class Actions is tracking several of these lawsuits:
- Party City Biometric Data Policy Targeted in Class Action Lawsuit
- Medieval Times Violates Illinois Privacy Statute, Claims Class Action Lawsuit
- Navy Pier Worker Files Class Action Lawsuit Over Alleged BIPA Violations
- Ace Hotel Chicago Faces Data Privacy Class Action Lawsuit
- Ritz-Carlton Class Action Lawsuit Says Hotel Violates Employee Privacy Rights
- Vending Machine Claims Trimmed in Privacy Class Action Lawsuit
- Panera Employees Harmed When Company Collected Their Fingerprints, Class Action Lawsuit Claims
The plaintiffs in these cases largely argue their employers aren’t in compliance with providing published material on biometric data policies. The workers also allege their employers aren’t always seeking written consent when collecting fingerprints.
The issue of hacking biometric data expands beyond employer use. Alleged Illinois BIPA violations include class action lawsuit against Amazon Web Services in their use of unique voice prints. Investors filed suit when they realized their Amazon John Hancock financial accounts had tech that stored and used their profiles, allegedly without consent.
Amazon Web Services, the cloud computing arm of Amazon, connects a large swath of internet business across multiple market sectors, including the Dept. of Defense.
In December Amazon Web Services was hit with a class action lawsuit claiming it was allegedly responsible for a breach that leaked tens of millions of Expedia.com users.
Will Illinois Biometric Data Protections Go National?
SENATORS JEFF MERKLEY (D-Ore.) and Bernie Sanders (D-VT) have proposed to make a federal law out of the Illinois BIPA.
In August 2020, the National Biometric Information Privacy Act would legally compel companies to get consent first. Violations of the law could result in a lawsuit, similar to how it is in Illinois, according to Vox News.
“We can’t let companies scoop up or profit from people’s faces and fingerprints without their consent,” said Sen. Jeff Merkley in a statement. “We have to fight against a ‘big brother’ surveillance state that eradicates our privacy and our control of our own information, be it a threat from the government or from private companies.”
Have you had your biometrics taken at work or elsewhere? Share your story with us in the comment section below!
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6 thoughts onBIPA Illinois Class Actions: What You Need To Know
So I took a picture yesterday of the fingerprint scanner at work yesterday and today all of the sudden the machine is off so I was not able to punch in for work. What a coincidence. I seen an Illinois BIPA lawsuit I wanted to submit the photo I took but now all of the sudden the page I am requesting is gone.
ADD ME PLS
I worked at Advanced Disposal and had to use my finger print every morning on the time clock.
Trabaje 2 años en S&S actiwear y tomaban mis huellas y como puedo saber si tengo derecho a algo de la demanda colectiva
I worked for JPMorgan Chase in the early to mid 2000s and you had to put in your last 4 of your SS# and your fingerprint. I work now for Cook County Jail where you have to put your employee number and your fingerprint (prior to COVID), now you have to just put in your employee ID and Scan you ID.
I worked at Mariano’s grocery store for two years, they collect their employees fingerprints while we clocked into and clocked out of work. Would this fall under biometrics?