Amazon Workers’ COVID-19 Scans Violate Privacy Law, Class Action Lawsuit Says

Amazon workers have had their biometric privacy rights violated by the company through COVID-19 facial scans, according to a recent class action lawsuit.

According to plaintiff Michael J., Amazon workers are required to have their temperatures checked and faces scanned by facial recognition software in order to enter the company’s warehouses. Michael says he was subject to the COVID-19 wellness checks while working as a yard marshal through August 2020.

“Defendant’s facial recognition devices and associated software collect and capture biometric identifiers such as scans of an individual’s facial geometry, retinas, and irises,” the Amazon workers’ BIPA class action lawsuit contends.

Unfortunately, Amazon allegedly failed to inform workers about the facial scans – therefore violating their biometric privacy rights under the Illinois Biometric Information Privacy Act (BIPA).

The Biometric Information Privacy Act or BIPA was passed in 2008 in order to address the risk of identity theft through biometric identifiers. Under the terms of the law, companies are required to inform individuals that their biometric identifiers are being collected, stored, and/or used. A written release is required from the subject in order for biometric collection to be lawful.

Companies are also required to inform individuals of the specific purpose behind the biometric collection and must show how long the information will be collected, obtained, stored, and used.

Similarly, BIPA requires companies to have public policies which outline the retention schedule for biometric information and guidelines for destroying this data. Typically, the data should be destroyed after the initial purpose for the biometric information collection is satisfied or within three years of the individual’s last interaction with the company.

Despite being one of the leading forces in the technology sector and therefore being aware of the risks for identity theft, Amazon “knowingly” disregarded BIPA guidelines. The company allegedly failed to inform Amazon workers that their facial scans were being collected, disclose how these scans were being stored and destroyed, or obtain written consent from the Amazon workers.

“As a result of Defendant’s conduct, Plaintiff and the putative Class lost the right to control the collection, use, and storage of their biometric identifiers and information and were exposed to ongoing, serious, and irreversible privacy risks—simply by going into work,” Michael argues in his Amazon workers class action lawsuit.

Protections under BIPA are especially relevant due to the increasing risk of databases being hacked, Michael argues. Hackers and identity thieves reportedly target biometric databases in order to steal sensitive fingerprints, iris scans, and facial geometry profiles.

In 2018, information from Aadhaar – the largest biometric database in the world – was allegedly sold online by hackers in as little as 10 minutes after the database was targeted.

To make matters worse, biometric identifiers cannot be changed like other personal information such as phone numbers, email addresses, passwords, or even Social Security numbers. If someone’s biometric identifiers are compromised, they may be forced to deal with the consequences of identity theft for the rest of their lives.

“No amount of time or money can compensate Plaintiff if his biometric data has been compromised by the intentional, reckless, and/or negligent procedures through which Defendant captures, stores, uses, and disseminates his and the putative Class’s biometric data,” the Amazon workers BIPA class action lawsuit says.

“Moreover, Plaintiff would not have provided his biometric data to Defendant if he had known Defendant would retain such information for an indefinite period of time without his consent.”

Michael seeks to represent a Class of Amazon workers in Illinois who had their facial geometry scans, biometric identifiers, and/or biometric information collected, maintained, or stored by the company. According to Michael, there are at least many thousands of proposed Class Members included in this group.

Under BIPA regulations, individuals who have their rights violated can seek statutory damages from the offending companies. In the case of intentional or reckless BIPA violations, individuals can seek up to $5,000 per violation. For negligent violations, $1,000 in damages may be awarded. Michael seeks these damages from Amazon in addition to injunctive relief, court costs, and attorneys’ fees.

Do you work for Amazon? Are you worried your biometric information may have been compromised by the company’s COVID-19 facial scans? Let us know in the comment section below.

Michael and the proposed Class are represented by Ryan Stephan and Catherine Mitchell of Stephan Zouras LLP.

The Amazon Workers COVID19 Scans Class Action Lawsuit is Michael Jerinic v. Amazon.com Inc., et al., Case No. 2020-CH-06036, in the Circuit Court of Cook County, Illinois.

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