Chicago Blackhawks Class Action Alleges Privacy Abuse

A Chicago Blackhawks hockey fan has filed a class action lawsuit against the team, claiming that it collected his biometric data without his permission in violation of Illinois’ Biometric Information Privacy Act.

Plaintiff Keith Allen says he attended a Blackhawks game at the team’s United Center rink in 2018. After the game, Allen says he learned that biometric software was being used and that his facial geometry was being scanned by the defendants using security camera footage.

The plaintiff states that the Blackhawks did not inform him in writing that the technology was collecting his biometric information, didn’t reveal the purpose for collecting and storing this information, and did not obtain his written consent before they accumulated his facial geometry.

The Blackhawks have not established a publicly available written policy with a retention schedule as well as guidelines for permanently destroying scans of the plaintiff’s facial geometry, according to the Chicago Blackhawks class action lawsuit. These actions reportedly violated the Illinois Biometric Information Privacy Act (BIPA).

The plaintiff alleges that Illinois’ BIPA prohibits private entities, like the defendants, from collecting, storing or using a person’s biometric identifiers without having informed consent procedures and data retention policies.

In addition, the BIPA does not allow a private entity to possess biometric identifiers unless it creates a written policy, made available to the public, which would establish a retention schedule and destruction guidelines, the plaintiff notes.

“Defendant collected, stored and used the unique biometric facial geometry identifiers, or identifying information derived from facial geometry, of Mr. Allen and others similarly situated without following the detailed requirements articulated by the Illinois state legislature in BIPA,” the Chicago Blackhawks class action maintains.

In the Chicago Blackhawks class action lawsuit, the plaintiff states that his geometry scans qualify as biometric identifiers and that the defendant has acquired thus biometric information from Allen through the use of these geometry scans.

By enacting the BIPA, the Illinois state legislature acknowledged that the full consequences of biometric technology are not fully known; thus the public would undoubtedly benefit from regulations on the collecting, using, storing, and handling of individuals’ biometric information.

The Chicago Blackhawks class action lawsuit argues that Allen, and other potential Class Members, lost the right to have control over their biometric information through the unlawful facial scans.

“Unlike other companies in Illinois, the Defendant failed to take notice and follow the requirements of the Act, even though the law was enacted in 2008 and numerous articles and court filings were published about the law’s requirements before the Defendant committed the violations alleged in this Complaint,” the plaintiff argues.

Prospective Class Members in the Chicago Blackhawks class action lawsuit include individuals who have had their facial geometry scans collected or possessed by the Chicago Blackhawks in Illinois since Oct. 15, 2014.

The plaintiff notes that the Class of affected individuals comprises “tens, if not hundreds, of thousands of members” and that they don’t possess the exact number of persons in the Class at this time.

The plaintiff argues that he and the Class should be awarded liquidated or actual monetary damages for each violation of the BIPA. In addition, the plaintiff would like the Chicago Blackhawks to be enjoined from further violations of the BIPA.

The common questions of law that exist in this case include: 1) Whether the Chicago Blackhawks used facial recognition technology at its hockey games, 2) whether the defendants collected biometric identifiers or information by using facial recognition technology at the hockey games, and 3) whether or not the defendant complied with the procedures of the BIPA.

Since the enactment of the BIPA, hundreds of class action lawsuits have been filed against private entities for collecting biometric information from unsuspecting individuals.

For example, after the Illinois Supreme Court ruled that plaintiffs do not have to allege that they suffered from any harm under the BIPA in order to file a lawsuit, Walmart was hit with a class action lawsuit. In the Walmart BIPA class action, employees claimed that the retail giant collected their biometric information without written consent.  

Walmart filed a motion to dismiss the action in December 2019, claiming that it did not violate the law because it did not preserve images of the handprints that it collected from employees. In addition, Walmart argued that the data it collected from employees did not qualify as biometric information.

Did you attend a sporting event and think you had your biometric data collected and stored? Leave a message in the comments section below.

The plaintiff is represented by Nathaniel A. Frenkel and Steven R. Smith.

The Chicago Blackhawks Biometric Data Class Action Lawsuit is Keith Allen, et al. v. The Chicago Blackhawks Hockey Team Inc., et al., Case No. 2020CH03291, in the Circuit Court of Cook County, Illinois.

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