Biometric Information Collected Without Consent
BELLEVILLE, IL (December 20, 2017) — Recently, a Belleville man came forward with a claim against Providers Plus, alleging that the Missouri corporation with a location in Fairview Heights “unlawfully collected his biometric information” while he was an employee.
Ted Harry, the former employee making the claim against Providers Plus, is represented by Brandon M. Wise and Paul A. Lesko of Peiffer Wolf Carr & Kane in St. Louis, MO. On November 29, Wise and Lesko filed an individual complaint on behalf of Ted Harry, as well as a complaint on behalf of “all others similarly situated” in the St. Clair County Circuit Court against Providers Plus Inc. The complaints allege that Providers Plus violated the Illinois Biometric Information Privacy Act (BIPA).
According to the complaint filed by the attorneys of Peiffer Wolf Carr & Kane, Harry was employed by Providers Plus from 2010 to 2013. While an employee of Providers Plus, Harry said that he was required to use a hand scanning device to clock in and out of his shifts. This type of scanning device is utilized as a biometric time-clock. Moreover, Harry’s complaint alleges that Providers Plus didn’ properly obtain written executed releases from the employees to collect this biometric data (handprints).
Wise and Lesko have requested a trial by jury on Harry’s behalf, and they are seeking an order certifying this case as a class action. In their request, they are proposing that Harry can act as a class representative. Moreover, they are fighting for an award for all damages, litigation expenses, and any further relief that the court may deem appropriate.
Peiffer Wolf Carr & Kane represents employees and consumers in class action lawsuits against businesses and corporations around the world that improperly utilize biometric data technologies. If your employer is collecting biometric data, you may have a case. Please contact the Employee Rights lawyers at Peiffer Wolf Carr & Kane by filling out an Online Contact Form or by calling 314-833-4825 for a FREE Consultation.
Potential Impacts of Biometric Data Breaches
Employees, consumers, and everyone else interacting with biometric technologies should be concerned about the privacy and security of their biometric information, as the General Assembly noted,
“Biometrics … are biologically unique to the individual; therefore, once compromised, the individual has no recourse, is at heightened risk for identity theft, and is likely to withdraw from biometric-facilitated transactions.”
What is BIPA? Biometric Information Privacy Act
As the overall use of biometric data increases, many states have begun to regulate the collection, storage, and disclosure of biometric data. Illinois’s Biometric Information Privacy Act (BIPA) is one state law that successfully addresses these practices. In 2008, the Illinois BIPA was signed into law, and it was designed to address the growing use of biometric identification technology: fingerprint or hand-print identification, retina scans, facial recognition technology, voice analysis or voice-prints, and various medical measurements.
Under BIPA in Illinois, businesses and employers must comply with specific notice and consent requirements before they collect, store, and use biometric data. Moreover, these businesses and employers must create public data retention policies and take proactive steps to protect and restrict the disclosure of biometric data.
How Does BIPA Protect Me? Illinois Biometric Information Privacy Act
“BIPA requires private entities to inform persons in writing about the specific purposes and length of time for which their biometric information will be collected, used or stored. And no private entity may collect, use or store biometric information without first receiving a written release by the person whose biometric information is sought. The statute further requires a written schedule and guidelines for the retention and destruction of the biometric information to be made public. And BIPA mandates consent and notice procedures that private entities must follow before disclosing someone’s biometric information to a third party.”
“Under BIPA, Illinoisans have the right to sue private parties for violations of the act and to collect the greater of $1,000 or actual damages for each violation negligently committed, and the greater of $5,000 or actual damages for each violation recklessly or intentionally committed. Plaintiffs can also collect attorneys’ fees and costs under BIPA.”
FREE Consultation | 314-833-4825
Peiffer Wolf represents employees and consumers in class action lawsuits against businesses and corporations around the world that improperly utilize biometric data technologies. If your employer is collecting biometric data, you may have a case. Please contact the Employee Rights lawyers at Peiffer Wolf by filling out an Online Contact Form or by calling 314-833-4825 for a FREE Consultation.
About Peiffer Wolf
Peiffer Wolf Carr & Kane is a nationwide litigation law firm that represents individuals and entities that have been the victims of negligence, fraud or the misconduct of powerful interests. We are smart, experienced, and dedicated professionals who work tirelessly for our clients and take pride in the pursuit of justice on their behalf. Too often the powerful interests in our society run over the rights of ordinary people. We do our best to restore that balance.
