Pret A Manger Collection of Biometric Information Illinois BIPA Class Action

Illinois has made a start in protecting biometric information by passing the Biometric Information Privacy Act (BIPA), setting forth requirements for private companies that want to collect biometric information. But the complaint for this class action alleges that Pret A Manger (USA) Limited does not follow the requirements when it collects and uses employee biometrics for timekeeping purposes.

The class for this action is all individuals who, while living in Illinois, had their fingerprints collected, captured, received, or otherwise obtained or stored by Pret A Manger.

Biometric information is different from other identifying information, such as Social Security numbers, credit card information, ID cards, and so on. If a company ID card is lost or stolen, it can be replaced; if a credit card number is compromised, it can be replaced with another one. But when biometric information, such as fingerprint records or retina scans are stolen, it is not possible for the individual to get another set of fingers or a different retina.

In this case, plaintiff Kayla Quarles worked for Pret A Manger in Illinois and, during her employment, she was required to clock in and out using her fingerprints.

Under BIPA, a company that wants to collect biometric information must first do three things:

  • It must tell the subject in writing that the biometric information is being collected and stored.
  • It must tell the subject of the specific purpose and length of time for which the information is being collected, stored, and used.
  • It must get a release from the subject or the subject’s authorized representative.

Furthermore, the company “must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose has been satisfied or within 3 years of the individual’s last interaction with the [company], whichever comes first.”

Quarles claims that Pret A Manger did not do any of these things. According to the complaint, the company did not tell her that the information was to be collected and stored, did not tell her of the specific purpose and length of time that her information would be stored, and did not get a release from her before it collected her information. The complaint claims that the company also did not have written, publicly-available policies about the retention and destruction of the fingerprint information it collected from Quarles and other employees.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Pret A Manger Collection of Biometric Information Illinois BIPA Complaint

December 4, 2020

Illinois has made a start in protecting biometric information by passing the Biometric Information Privacy Act (BIPA), setting forth requirements for private companies that want to collect biometric information. But the complaint for this class action alleges that Pret A Manger (USA) Limited does not follow the requirements when it collects and uses employee biometrics for timekeeping purposes.

Pret A Manger Collection of Biometric Information Illinois BIPA Complaint

Case Event History

Pret A Manger Collection of Biometric Information Illinois BIPA Complaint

December 4, 2020

Illinois has made a start in protecting biometric information by passing the Biometric Information Privacy Act (BIPA), setting forth requirements for private companies that want to collect biometric information. But the complaint for this class action alleges that Pret A Manger (USA) Limited does not follow the requirements when it collects and uses employee biometrics for timekeeping purposes.

Pret A Manger Collection of Biometric Information Illinois BIPA Complaint
Tags: BIPA, Biometric Fingerprint Violations, Taking/Storing/Using Biometric Data, Your Privacy