United Airlines Class Action: Employee Fingerprint Scans Violate Privacy Law

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United Airlines is facing claims that it disregards Illinois privacy law in the use of its fingerprint-based employee timekeeping system.

Plaintiff David Johnson, a former United Airlines baggage handler, says that each time an employee clocks in or out by scanning their fingers with the defendant’s timekeeping system, United Airlines captures and retains their biometric data in violation of Illinois privacy laws.

Johnson says this system, which United Airlines purportedly uses to prevent employees from clocking in on each other’s behalf, exposes employees to a risk of identity theft. United Airlines allegedly does not give its employees notice of the scan, nor does it ask them to provide a written consent to having their biometric data captured.

Fingerprints are particularly sensitive pieces of biometric information, Johnson claims. Unlike other timekeeping methods like cards or code numbers, fingerprints are an inherent part of a person’s identity that cannot be changed or replaced, he says.

Johnson’s United Airlines class action lawsuit raises a single claim under the Illinois Biometric Information Privacy Act. BIPA was passed after a biometrics company went bankrupt in 2007, creating the risk that millions of fingerprint records might be auctioned off to the highest bidder. The law requires a private entity like United to make certain disclosures before acquiring a person’s biometric information.

BIPA requires data collectors to first inform the person in writing of the fact that their biometric information will be stored and the purpose and length of time for which it will be stored and used. The collector must also get a written release from the person consenting to the collection and use of their biometric information.

BIPA also requires private entities that handle biometric information to have and adhere to a written, publicly available retention policy that states the entity’s retention schedule and deletion guidelines. Entities may not retain biometric data for more than three years after their last interaction with the subject person.

Each negligent violation of BIPA can subject a defendant to $1,000 in statutory damages. The damage award increases to $5,000 for violations deemed willful or reckless.

United Airlines is one of several companies to face recent BIPA claims from employees. Over two dozen such claims have been filed in the second half of 2017 against companies that use fingerprint-scanning timekeeping devices as part of their payroll system.

Johnson seeks to represent a plaintiff Class including all persons whose biometric data was collected, stored or otherwise used by United Airlines within the applicable statutory limitations period.

He is asking for a court order requiring United Airlines to comply with BIPA requirements and to permanently destroy its existing records of the plaintiff’s and Class Members’ biometric data. He also seeks an award of statutory damages, compensation for the commercial value of the Class’s biometric information, and court costs and attorney fees, all with pre- and post-judgment interest.

Johnson is represented by attorneys Myles McGuire and Evan M. Meyers of McGuire Law PC.

The United Airlines Illinois Biometric Data Rights Class Action Lawsuit is Johnson v. United Airlines Inc. and United Continental Holdings Inc., Case No. 2017-CH-14832, in the Circuit Court of Cook County, Illinois.