Biometric data, including fingerprints and facial scanning technology, can help companies improve security. A company may require an employee to go through a retina scan to enter a secure location, as one example. They may also require employees to identify themselves with a fingerprint scan on their smartphone before accessing confidential company information online. But where and how that biometric information is stored must be done thoughtfully to avoid liability. States currently have a variety of laws regarding the capture and storage of biometric data.

Illinois’ Unique Privacy Law Allows Private Right of Action

Illinois passed the unique Biometric Information Privacy Act (BIPA) into law in 2008. This expansive data protection law imposes certain requirements on companies that store biometric identifiers, defined as “a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry."

Importantly, BIPA allows for a private right of action for violations. What’s more, the Illinois Supreme Court recently held that there is no requirement to show actual harm in order to obtain that private right of action. In other words, a concrete violation of BIPA can lead to a class action lawsuit, like the one filed in Illinois state court on November 15, even if the affected employees cannot show a demonstrable harm.

Regulatory Compliance Can Be Difficult

While BIPA is uniquely expansive, other states also regulate biometric data. Compliance with this patchwork of regulations can be difficult. But the failure to do so – certainly in Illinois under BIPA – may expose the company that stores that information to liability.

  • Biometric Privacy Lawsuits Are on the Rise (FindLaw’s In House)
  • Is Blockchain and Biometrics a Match Made in Digital Heaven? (FindLaw’s Technologist)
  • Will Biometrics Solve Security Issues for Law Firms? (FindLaw’s Technologist)

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