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An Illinois man says that a vegan restaurant chain, The Veggie Grill, violated the state’s privacy law prohibiting the collection and use of biometric information without consent.
Lead plaintiff, Julian O., claims that he worked at a Chicago-area Veggie Grill. During that time, Julian says he was required to use a biometric system to keep track of his hours. To do so, the plaintiff says he had to register a fingerprint with the company and use his fingerprint to clock in and out of each shift.
However, he alleges that he was not provided important information about the collection and use of his biometric information, nor did he provide permission to Veggie Grill to use his biometric information.
“Since 2008, Illinois has banned collection of people’s biometric information or identifiers—for example, fingerprints, voiceprints, or faceprints—without their informed, written consent,” asserts the privacy law complaint. “Despite the substantial privacy risks posed by the collection and storage of biometric data, and the decade-old prohibition on collecting and retaining biometric data in Illinois without informed consent, Defendant required its workers to use their fingerprints to clock in and out of shifts and breaks.”
According to the class action lawsuit, Illinois lawmakers enacted the Biometric Information Privacy Act (BIPA) in 2008 over concerns about residents’ privacy. Under the privacy law, the collection, use, storage and destruction of biometric information is regulated. In addition, those who wish to collect such information must obtain consent and disclose when and how such information will be stored and destroyed.
“BIPA regulates the entire lifecycle of biometric data, from collection to use and disclosure,” states the complaint, noting that contraventions of the law can lead to steep fines of up to $5,000 per violation.
The Veggie Grill class action lawsuit alleges that the chain failed to obtain permission and provide disclosures about the collection, use, and destruction of the plaintiff and other Illinois employees’ biometric information. Specifically, the complaint alleges that The Veggie Grill failed to do the following as required under BIPA:
- Provide information about the extent and purposes of collecting workers’ biometric information.
- Maintain a written, publicly available policy about the retention of that information.
- Provide guidelines about the permanent destruction of workers’ biometric information.
- Inform workers about whether their biometric information would be sold or otherwise disclosed.
- Obtain consent from workers to obtain their fingerprints.
The class action lawsuit points out that Veggie Grill workers have no idea what will happen to their fingerprint scans once they leave their job or the company closes. Indeed, the plaintiff says that The Veggie Grill location where he worked is now closed and he doesn’t know what happened to his fingerprint scans.
In addition, the plaintiff accuses The Veggie Grill of disseminating his and other workers’ fingerprints to third parties, including vendors and payroll services without their knowledge or consent.
“Plaintiff has continuously and repeatedly been exposed to the harms and risks created by Defendant’s violations of BIPA,” alleges the complaint. “By failing to comply with BIPA, Defendant has violated Plaintiff’s privacy rights.”
The Veggie Grill class action lawsuit seeks to represent employees and others who were subjected to the company’s biometric system in Illinois.
The plaintiff is seeking damages, including fines under BIPA, as well as a court order stopping The Veggie Grill from collecting and using biometric information in violation of the privacy law.
Did you work at The Veggie Grill in Illinois? Are you concerned about your biometric information? Tell us about your experience in the comment section below.
Julian and the proposed Class Members are represented by Thomas R. Kayes of the Law Offices of Thomas R. Kayes LLC.
The Veggie Grill Privacy Law Class Action Lawsuit is Case No. 1:20-cv-06982, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
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