Icon Time Systems Biometric Collection BIPA Illinois Class Action

Many employers and timeclock companies are now seeking to use biometric identifiers for signing employees in and out of work. The complaint for this class action alleges that Paychex of New York, LLC, which does business as Icon Time Systems, Inc., has been using biometric identifiers for this purpose without obeying the requirements of the Illinois Biometric Information Protection Act (BIPA).

The class for this action is all individuals whose biometrics were captured, collected, stored, used, transmitted, disseminated, or otherwise obtained by or on behalf of Paychex/Icon or its technology or equipment, in Illinois, during the applicable limitations period.

Biometric identifiers include unique personal features such as fingerprints or palm scans. Biometric information is information based on biometric identifiers.

The use of biometrics to identify individuals presents potential problems, particularly in the area of data security and identity theft. For example, if a data breach occurs and credit card numbers are stolen, people can cancel their existing cards and get new cards with different numbers. However, if fingerprint information is stolen, people cannot get different fingerprints.

Illinois has begun to address the issues involved with biometrics via BIPA. The basic requirements of BIPA for companies obtaining biometrics are fairly simple:
They must tell the people whose biometrics they are taking, in writing, that their biometrics will be collected or stored.
They must inform the people in writing of the specific purpose and term for which their biometrics will be collected, stored, and used.
They must receive a written release from the persons allowing them to collect the biometrics.

BIPA also has a few more provisions. One is that private entities may not disseminate or re-disclose biometric information without informed consent. Another is that those who collect this information must have a publicly-available policy as to a retention schedule and guidelines for permanently destroying the information.

Icon provides timekeeping systems, including equipment that uses biometric information to sign workers in and out.

Plaintiff Arturo Bedolla was required to clock in and out of his shifts on his job by scanning his fingerprints with an Icon system. The complaint alleges that (a) Icon obtained and stored biometric identifiers or data to use for timekeeping and payroll calculation, and (b) Icon re-disclosed the information to Bedolla’s employer.

Bedolla alleges that Icon never fulfilled the three requirements for companies obtaining biometrics: It never gave him written notice that his biometrics would be taken or stored, it never informed him of the purpose and term for which his biometrics would be used and stored, and it never got a written release from him.

In addition, Icon did not make publicly available any policy for the retention and eventual destruction of the biometric information.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Icon Time Systems Biometric Collection BIPA Illinois Complaint

April 24, 2020

Many employers and timeclock companies are now seeking to use biometric identifiers for signing employees in and out of work. The complaint for this class action alleges that Paychex of New York, LLC, which does business as Icon Time Systems, Inc., has been using biometric identifiers for this purpose without obeying the requirements of the Illinois Biometric Information Protection Act (BIPA).

Icon Time Systems Biometric Collection BIPA Illinois Complaint

Case Event History

Icon Time Systems Biometric Collection BIPA Illinois Complaint

April 24, 2020

Many employers and timeclock companies are now seeking to use biometric identifiers for signing employees in and out of work. The complaint for this class action alleges that Paychex of New York, LLC, which does business as Icon Time Systems, Inc., has been using biometric identifiers for this purpose without obeying the requirements of the Illinois Biometric Information Protection Act (BIPA).

Icon Time Systems Biometric Collection BIPA Illinois Complaint
Tags: Biometric Data, Biometric Fingerprint Violations, Taking/Storing/Using Biometric Data