New BIPA fingerprint suits launched on employers
08 November 2017 15:35 GMT

Bob Evans Restaurants and Suparossa Restaurant Group have become the two latest firms to be accused of violating the Illinois’ Biometric Information Privacy Act. 

Employees have filed suit over their  use of their fingerprints and other biometric information in time-clock and point of sale systems.

The employees’ alleged that their employers collected and used their information without the written consent necessary under BIPA. 

The Illinois law states, inter alia, that entities in the state that collect biometric information must provide individuals with notice about how their biometric information will be used.

There are also security requirements contained within the law, and limits on the ability to retain and share biometric information. BIPA permits recovery of statutory damages and attorney fees. Any “aggrieved” person may recover $1,000 or actual damages (whichever is greater) for each negligent violation and $5,000 or actual damages (whichever is greater) for each intentional or reckless violation, as well as attorney’s fees, expenses, and costs (including expert witness fees), in addition to “other relief, including an injunction.”