PlanetArt Fingerprints for Timekeeping Illinois BIPA Class Action

Many companies are now using biometrics for timekeeping purposes. Because of the risks of the theft of this kind of information, Illinois has a Biometric Information Privacy Act (BIPA) with basic guidelines for the collection, storage, and use of biometrics by private companies operating in that state. The complaint for this class action alleges that PlanetArt, LLC did not comply with the requirements of BIPA when taking its Illinois employees’ biometrics.

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

Biometrics are different from other forms of identification, the complaint alleges, because they
“are immutable aspects of our bodies” and cannot be changed. If a photo ID is lost or stolen, for example, another photo ID can be issued, with a different image or number. But if fingerprints are stolen, they cannot be replaced with a new set of fingers with different fingerprints. The state of Illinois has recognized the importance of these forms of ID by instituting basic rules for their collection, storage, and use via BIPA.

The complaint alleges that past and present of PlanetArt were required to provide their fingerprints to the company, to be scanned when they are clocking in or out. The scanning confirms that the employees clocking in are who they claim to be and registers their presence in the workplace.

BIPA requires that private businesses that wish to collect, store, or use biometrics must do certain things:

• They must notify the subject in writing that their biometrics are to be collected.
• They must tell the subject in writing of the specific purpose and length of time for which their biometrics would be collected, stored, and used.
• They must get the subject’s written consent.
• The must maintain the biometrics in a sufficiently secure manner.
• They must have a written, publicly-available policy for the retention and eventual destruction of the biometrics.

The complaint alleges that PlanetArt did not do any of these things.

According to the complaint, PlanetArt also did not tell its employees of any third parties it might share the information with or might disclose or distribute the information to.

The complaint also suggests that PlanetArt is storing the biometrics in a less secure manner than it stores other sensitive information. “Upon information and belief,” the complaint alleges, PlanetArt “stores its employees’ social security numbers (along with similar personal data) and confidential business records on personal computer systems with demonstrably more security than their fingerprint scanning machines possess.”

Article Type: Lawsuit
Topic: Privacy
Tags: BIPA, Biometric Data, Biometric Fingerprint Violations, Taking/Storing/Using Biometric Data, Your Privacy