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Intermountain Collection and Storage of Fingerprints Illinois BIPA Class Action

Many companies now require their employees to use their fingerprints for timekeeping purposes. Intermountain Employment Service, Inc. has its workers use their fingerprints to clock in and out, the complaint for this class action alleges, yet it does not the requirements of the Illinois Biometric Information Privacy Act (BIPA). BIPA is a state law that governs the collection, storage, and use of biometrics in Illinois.

The class for this action is all individuals whose biometric data Intermountain collected or stored in Illinois.

Biometrics can include different types of identifiers that are physical and unique to each individual, such as fingerprints, hand scans, facial geometry, or retinal scans.

But biometrics pose difficult privacy concerns, because, unlike other personal identifiers like company badges or credit card numbers, if the information is stolen, they cannot be changed or replaced under normal circumstances. For example, if an identification badge is stolen, it can be cancelled and a new identification badge issued, with a new number. But if fingerprints are stolen, a person cannot get a new set of fingers issued with new prints.

At Intermountain, the complaint alleges, employees’ fingerprints are scanned and the resulting data is stored in the Intermountain systems. Whenever employees clock in or out, their fingers are scanned again and that data is compared to the data on file. Yet, according to the complaint, the employees “have not been notified where their fingerprints are being stored, for how long [Intermountain] will keep the fingerprints, and what might happen to this valuable information.”

According to the complaint, BIPA attempts to help safeguard individuals’ privacy by requiring private businesses who wish to collect individuals’ biometrics to do certain things:

  • They must tell the individual that their information is being collected, and the purpose for collecting it.
  • They must tell the individual how the practice is being implemented.
  • They must get the individual’s written consent to take and store their data.
  • They must store the data in a secure manner.
  • They must maintain a publicly-available retention schedule as to how long the data will be kept and when it will eventually be destroyed.

The complaint alleges that Intermountain has not followed any of these directives and has not told its employees of any third parties with whom the data may be shared. In addition, the complaint asserts, “Upon information and belief, [Intermountain] is storing its data in a manner less secure than it stores other similarly sensitive data.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Intermountain Collection and Storage of Fingerprints Illinois BIPA Complaint

March 4, 2022

Many companies now require their employees to use their fingerprints for timekeeping purposes. Intermountain Employment Service, Inc. has its workers use their fingerprints to clock in and out, the complaint for this class action alleges, yet it does not the requirements of the Illinois Biometric Information Privacy Act (BIPA). BIPA is a state law that governs the collection, storage, and use of biometrics in Illinois.

Intermountain Collection and Storage of Fingerprints Illinois BIPA Complaint

Case Event History

Intermountain Collection and Storage of Fingerprints Illinois BIPA Complaint

March 4, 2022

Many companies now require their employees to use their fingerprints for timekeeping purposes. Intermountain Employment Service, Inc. has its workers use their fingerprints to clock in and out, the complaint for this class action alleges, yet it does not the requirements of the Illinois Biometric Information Privacy Act (BIPA). BIPA is a state law that governs the collection, storage, and use of biometrics in Illinois.

Intermountain Collection and Storage of Fingerprints Illinois BIPA Complaint
Tags: BIPA, Biometric Fingerprint Violations, Taking/Storing/Using Biometric Data, Your Privacy