Envoy Air Employee Biometrics Collection Illinois BIPA Class Action

An increasing number of employers are requiring that employees use biometric information for timekeeping purposes. The Illinois Biometric Information Privacy Act (BIPA) is one of the few laws that try to regulate the collection, retention, and use of such information. Unfortunately, the complaint for this class action alleges that Envoy Air, Inc. does not follow the law for its Illinois workers.

The class for this action is all individuals who worked for Envoy Air and who had their fingerprints, handprints, or other biometric identifiers or information collected, stored, or used by Envoy in Illinois between December 23, 2015 and July 18, 2019.

Biometrics pose unique problems over other types of identifiers. If a credit card number or bank account information is accessed by hackers, it’s possible to get a card with a different number or another bank account. However, if biometrics are compromised, it is not possible to get a new set of fingerprints or a new retina that can be scanned.

Plaintiff Maysoun Abudayyeh lives in Chicago, Illinois. She worked for Envoy Air as a Passenger Service Agent at O’Hare International Airport between around July 2000 and February 13, 2017 and again between June 29, 2017 and sometime in September of that year.

Over the past five years, the complaint alleges, Abudayyeh and other employees were required to allow Envoy to collect their biometrics, for use in clocking in and out. At first, it required that their fingerprints be scanned and used for this purpose; later, the time clocks were changed and the company required them to put their entire hands on the scanner, although Abudayyeh is not sure whether just her fingerprints or her entire hand was scanned.

The complaint estimates that the company has a workforce of about a thousand people in Illinois.

BIPA tries to protect biometrics and set minimal conditions for their collection, use, and storage. It has set up a few, basic requirements for private entities that want to collect biometrics from people:

  • The entity must inform the subject in writing that biometrics will be collected.
  • The entity must inform the subject in writing of the specific purpose and length of time for which the biometrics will be collected, stored, and used.
  • It must obtain a written authorization from the subject to collect, store, and use the biometrics.
  • It must also develop a publicly-available policy setting forth a retention schedule and guidelines for permanently destroying the subject’s biometric records.

Abudayyeh did not receive any written notice about the collection of her biometrics, the complaint says, and she did not give them any written authorization to collect, store, or use her biometrics. The complaint also says she was never informed of any biometric data retention or destruction policy.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Envoy Air Employee Biometrics Collection BIPA Illinois Complaint

January 8, 2021

An increasing number of employers are requiring that employees use biometric information for timekeeping purposes. The Illinois Biometric Information Privacy Act (BIPA) is one of the few laws that try to regulate the collection, retention, and use of such information. Unfortunately, the complaint for this class action alleges that Envoy Air, Inc. does not follow the law for its Illinois workers.

Envoy Air Employee Biometrics Collection BIPA Illinois Complaint

Case Event History

Envoy Air Employee Biometrics Collection BIPA Illinois Complaint

January 8, 2021

An increasing number of employers are requiring that employees use biometric information for timekeeping purposes. The Illinois Biometric Information Privacy Act (BIPA) is one of the few laws that try to regulate the collection, retention, and use of such information. Unfortunately, the complaint for this class action alleges that Envoy Air, Inc. does not follow the law for its Illinois workers.

Envoy Air Employee Biometrics Collection BIPA Illinois Complaint
Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy