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Examity Proctoring Company Collects Biometrics Illinois BIPA Class Action

Examity, Inc. owns an online proctoring system that allows students to take exams remotely. The problem is, the complaint for this class action alleges, that in the process, Examity collects biometric information but does not meet the requirements of the Illinois Biometric Information Privacy Act (BIPA).

The class for this action is all Illinois residents who used Examity, between March 2020 and the present, to take an exam online and who had their facial geometry collected, captured, received, or otherwise obtained or stored by Examity.

Biometrics are not like other forms of identification or authentication. If your credit card number is stolen, you can close that account and ask for a new credit card with a different number. But if your fingerprints are stolen, you cannot get a new set of fingers with different prints.

Not many states have undertaken to regulate the collection and use of biometrics. Illinois, however, has BIPA, which sets up basic requirements for the collection, storage, and use of biometrics.

BIPA requires a number of things of private entities, like Examity, if they wish to collect, store, or use the biometrics of persons living in Illinois:

They must inform subjects of the specific purpose and length of time for which the biometrics are being collected, stored, and used.

They must publish publicly-available written retention schedules and guidelines for permanently destroying the biometrics.

Examity has not met these requirements, even though it collects biometrics for the use of its proctoring software. Among the biometric information it collects are eye movements, facial expressions or facial geometry, and keystroke cadence.

Its Privacy Policy admits that it has been gathering various kinds of information, including “Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, keystrokes.”

Biometric information. Genetic, physiological,
behavioral, and biological characteristics, or activity patterns used to extract a template or other
identifier or identifying information, such as fingerprints, faceprints, and voiceprints, keystroke” [sic].

Examity does not provide a schedule for how long it will retain biometric information, or when it will be deleted or destroyed. The complaint alleges, “Accordingly, the only reasonable conclusion is that [Examity] has not, and will not, destroy biometric data when the initial purpose for collecting or obtaining such data has been satisfied.”

The complaint claims that subjects whose biometrics are being collected have a right to know of the risks of the collection of biometrics as well as how long those risks will persist.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Examity Proctoring Company Collects Biometrics Illinois BIPA Complaint

April 16, 2021

Examity, Inc. owns an online proctoring system that allows students to take exams remotely. The problem is, the complaint for this class action alleges, that in the process, Examity collects biometric information but does not meet the requirements of the Illinois Biometric Information Privacy Act (BIPA).

Examity Proctoring Company Collects Biometrics Illinois BIPA Complaint

Case Event History

Examity Proctoring Company Collects Biometrics Illinois BIPA Complaint

April 16, 2021

Examity, Inc. owns an online proctoring system that allows students to take exams remotely. The problem is, the complaint for this class action alleges, that in the process, Examity collects biometric information but does not meet the requirements of the Illinois Biometric Information Privacy Act (BIPA).

Examity Proctoring Company Collects Biometrics Illinois BIPA Complaint
Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy