Collecting Employee Biometric Data Without Consent

 Posted on September 13,2024 in Employment Lawyer

Biometric scanners have proven to be efficient tools in the workplace. More businesses are starting to collect biometric data from employees for purposes such as payroll, entry, and security. These data sometimes include fingerprints, palm prints, iris or retina scans, and facial recognition. Fingerprint scanners, for example, have replaced time cards in many companies. This not only offers more efficiency but also reduces wage theft. Biometric information is often stored by the company for employee verification.

The Illinois Biometric Information Privacy Act (BIPA) requires employers to first obtain an employee’s consent before collecting his or her biometric data. Failing to do so can invite class action lawsuits against a company. This article will discuss what happens if permission is not obtained and how to contact an Illinois employment law attorney to protect your business.

What Is the Biometric Information Privacy Act (BIPA)?

Under BIPA, a business that wants to collect an employee’s biometric data must:

• Create a written policy concerning the collection and storage of the data
• Inform the employee in writing of how the company intends to collect, store, and use his or her biometric data, and for how long
• Obtain written consent from the employee allowing the company to handle the data as intended

A business may only keep employee biometric data until the initial purpose for the information has been achieved or for a maximum of three years.

What Happens if I Do Not Obtain Consent to Collect Employee Biometric Data?

If you do not obtain written consent from an employee and you collect, store, or use his or her data, an employee could sue you for damages under BIPA for $1,000 per violation, or $5,000 if the violation was intentional or reckless.

Until recently, this meant that each use of an employee’s biometric data without his or her consent would count as a violation. In other words, every fingerprint scan could cost a company at least $1,000.

But in August, Illinois Governor J.B. Pritzker signed Senate Bill 2979 into law. Under this new legislation, an employee can only sue a company for a single violation. This means that only the company’s first collection, storage, or usage of biometric data without consent could be considered a violation and be exposed to legal action under BIPA.

However, SB 2979 does not apply retroactively, so violations that occurred prior to August can still be stacked as multiple breaches of BIPA.

Contact a Schaumburg, IL Employment Lawyer

Biometric identifiers are sensitive information and protected under Illinois law. Employers who collect biometric data from employees should consult a Schaumburg, IL employment attorney to ensure they are complying with all relevant regulations. At The Miller Law Firm, P.C., we understand the needs of businesses and the benefits of biometric data collection. We will use our extensive knowledge of employment law to help minimize legal exposure to your business. Schedule a free consultation with an experienced attorney by calling 847-995-1205 today.