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Pella Use of Biometrics for Temperature Scanning Illinois BIPA Class Action

Companies have been using worker biometrics for timekeeping for a number of years now. This case alleges that Pella Corporation took facial scans for a different purpose: so that a third-party vendor could operate a temperature scanner. The facial scans, the complaint alleges, were taken so that the temperature scanner could correctly orient itself to take temperatures and then to use it as authentication for temperature tracking. Although this occurred in Illinois, the complaint alleges that Pella did not meet the requirements of the state’s Biometric Information Privacy Act (BIPA).

The class for this action is all persons who were enrolled in the biometric scanning system and who then used a temperature-scanning device, while working for Pella Corporation in Illinois, during the applicable statute of limitations period.

Biometrics are different from other forms of identification and authentication in that they are unique and irreplaceable. If a credit card number is stolen, it is possible for the owner to get a new credit card with a new number; but if a person’s fingerprints are stolen, the person cannot get a new set of fingers with new prints. Illinois passed BIPA to provide minimal rules and requirements for entities that want to collect, store, use, or share biometrics.

BIPA requires certain things of private entities, such as businesses, that want to collect, store, or use biometrics, such as fingerprints or facial scans.

  • The entity must disclose that the biometric identifier or information is being collected, stored, or used and the purpose and length of time of the collection, storage, and use.
  • The entity must get the subject’s written release to take, store, or use the biometrics.
  • The entity must develop a written policy and make it available to the public with a retention schedule and guidelines for permanently destroying the biometric information after the reason for collecting it has been satisfied or within three years of the individual’s last interaction with the entity.
  • Entities are also prohibited from selling, leasing, trading, or profiting from subjects’ biometrics in any way.

The plaintiff in this class action, Brooks Olds, was required to scan his face multiple times so that a biometric template could be developed to allow the temperature-taking function to aim accurately at the right part of his head to take his temperature. After that, he was required to scan his face every morning.

Olds claims that he was not told of the purpose or length of time for the collection, storage, or use of his biometrics, never signed a written release, and was never told of any retention policy pertaining to the biometrics.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Pella Use of Biometrics for Temperature Scanning Illinois BIPA Complaint

July 21, 2021

Companies have been using worker biometrics for timekeeping for a number of years now. This case alleges that Pella Corporation took facial scans for a different purpose: so that a third-party vendor could operate a temperature scanner. The facial scans, the complaint alleges, were taken so that the temperature scanner could correctly orient itself to take temperatures and then to use it as authentication for temperature tracking. Although this occurred in Illinois, the complaint alleges that Pella did not meet the requirements of the state’s Biometric Information Privacy Act (BIPA).

Pella Use of Biometrics for Temperature Scanning Illinois BIPA Complaint

Case Event History

Pella Use of Biometrics for Temperature Scanning Illinois BIPA Complaint

July 21, 2021

Companies have been using worker biometrics for timekeeping for a number of years now. This case alleges that Pella Corporation took facial scans for a different purpose: so that a third-party vendor could operate a temperature scanner. The facial scans, the complaint alleges, were taken so that the temperature scanner could correctly orient itself to take temperatures and then to use it as authentication for temperature tracking. Although this occurred in Illinois, the complaint alleges that Pella did not meet the requirements of the state’s Biometric Information Privacy Act (BIPA).

Pella Use of Biometrics for Temperature Scanning Illinois BIPA Complaint
Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy