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Beware of biometric data compliance pitfalls under BIPA

Authors

Karen Lust

An Illinois District Court has approved a settlement featuring a $1,000 payment to each Illinois employee who used their handprint to clock in and out under alleged violations of BIPA, or Illinois' Biometric Information Privacy Act.  New York's AB 27 law proposed yesterday would also allow for private rights of action.

One class action member claimed that "the company scanned her and other workers' personal biometric identifiers without first explaining why it was collecting their data or providing them with a publicly available schedule governing the storage and destruction of their biometric information." She alleged that SHL's BIPA violations exposed her and other workers to "serious and irreversible" privacy risks, particularly if her employer's databases were ever hacked.

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