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A former employee at Aldi Inc. has filed a class action lawsuit in Illinois state court over claims that the grocery store uses biometric data without worker consent.
Plaintiff Michelle Sedory alleges that each time she began and ended a workday, she was required to scan her fingerprints.
She claims that Aldi never informed her of the limited purposes or the length of time for which it collected, stored or utilized her fingerprints.
In addition, Aldi never informed her of any biometric data retention policy that was developed, or whether or not it would delete her fingerprints, according to the Aldi class action lawsuit.
The plaintiff maintains that the defendant has violated the Illinois Biometric Information Privacy Act (BIPA), which protects the biometric data of individuals in the state. The Illinois legislature passed the law to regulate companies that collect and store biometrics, such as fingerprints, the plaintiff explains.
“Despite this law, Aldi disregards its employees’ statutory protected privacy rights and unlawfully collects, stores and uses their biometric data in violation of the BIPA,” argues the Aldi class action lawsuit.
Biometric data includes retina and iris scans, voiceprints, scans of hand and face geometry, and fingerprints, Sedory states.
The BIPA is allegedly an informed consent statute and does not place a bar on the collection, sending, transmitting, or communicating of biometric data. The BIPA instructs companies that wish to collect the data to make proper disclosures and implement reasonable safeguards.
According to Sedory, Aldi did not inform her or other Class Members of the purpose and length of time for which their fingerprints were being used, collected and stored. Also, Aldi did not provide a retention schedule and guidelines for destroying the fingerprints that were collected, the plaintiff alleges.
The Aldi class action claims that the defendant did not provide employees with a written release which would have allowed them to collect and obtain fingerprints.
The plaintiff claims that the store did not take note of the passage of the BIPA and the company continues to collect and store their employees’ biometric data, in violation of the law.
“While there are tremendous benefits to using biometric time clocks in the workplace, there are also serious risks. Unlike key fobs or identification cards – which can be changed or replaced if stolen or compromised – fingerprints are unique, permanent biometric identifiers associated with the employee,” claims the Aldi class action lawsuit.
Sedory says if a database containing biometric data is hacked, breached or exposed, employees do not have any means by which to prevent identity theft or other unlawful or improper use of highly personal and private information.
In addition, the plaintiff maintains that a black market exists for biometric data, as hackers have already started targeting biometric databases which contain sensitive and personal data, including fingerprints.
Proposed Class Members include: “All residents of the State of Illinois who had their fingertips collected, captured, received, otherwise obtained, or disclosed by Aldi while residing in Illinois.”
Do you have your fingerprints scanned at work? Leave a message in the comments section below.
The plaintiff is represented by David Fish, John Kunze and Mar Baltabols of The Fish Law Firm PC.
The Aldi Biometric Data Class Action Lawsuit is Michelle Sedory v. Aldi Inc., Case No. 20-CH-02768, in the Circuit Court of Cook County, Illinois.
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9 thoughts onAldi Class Action Says Finger Scans Violate Workers’ Privacy
I worked for a franchise of Papa John’s we were inside a Valero truck stop in Tonkawa, Oklahoma. There was also A&W in the Valero along with Papa John’s. All employee’s had to clock in for all stores to get paid from them. Using our fingerprint. Which is how he fired you also. He made it to where your fingerprint wouldn’t work. But then in the Papa John’s everything in their POS system is done by your fingerprint. To open and close the store ya had to use your thumb print actually. The drivers checked in and out of their deliveries using thumb print. But we all used our fingerprint at the time clock on the Valero side.This man took me off the schedule on my days off. My co worker called me to inform me. When I asked why he said, I was the reason. I was off the work. These people aren’t even American citizens and their millionaires. All they have are green cards. Their from the country Napol.Has stores all over. I won my unemployment case too.
Also they didn’t give us any papers to sign or anything to use our fingerprints. I’m sure they still got mine. And I think their still using my name in the system in the Papa John’s. Cause I get emails from the papa John school or sum shit. They have been turned into the Labor board numerous times. They do not run their businesses legally.
Our fingerprint is stored and used everything we sign into med machines at the hospital I work at
Add me please
Danielle Brown they used my finger print at Bob Evans
Yes, most employers are using biometrics to record when employees enter and leave a facility.
My current employer makes employees scan our fingers to sign in and out!
I worked for a company in California that scanned yo r finger print to clock in for work
I worked for an employer that gave you no choice but to use a fingerprint to punch in and out for work