Schenker Fingerprint Scan and Illinois Biometric Privacy Act Class Action

If someone steals your credit card or debit card number, you can cancel the card and get a new one. But what can you do if someone steals your fingerprints? Only a few states have laws on biometric data collection. The complaint for this class action alleges that Schenker, Inc. violated the Illinois Biometric Information Privacy Act (BIPA).

The class for this action is hourly employees of Schenker who were required to scan their fingerprints into the company’s biometric time clock system.

Schenker requires hourly employees to record their time by using a biometric time clock. The time clock scans their fingerprints when they start or end a shift and when they go to and return from lunch periods.

Like other biometrics, fingerprints are unique identifiers that cannot be changed. The complaint says that Schenker “placed employees at risk by using their biometric identifiers to ‘punch the clock.’” 

The Illinois BIPA law is designed to impose “strict informed-consent procedures” on those who collect, store, share, or use biometric identifiers.

The law establishes a number of things. First, it forbids a “private entity” from biometric identifiers or data from an individual unless it first gets the person’s written consent or “employment-related release” permitting it to do so.

Second, it must tell the person in writing (a) that the entity is collecting biometric identifiers or information, (b) the purpose of that collection, and (c) how long the entity will keep the identifiers or information.

Third, before collection such identifiers or information, the entity must create a written policy which it makes available to the public which sets forth a retention schedule and guidelines for destruction of biometric identifiers and information.

Finally, the entity cannot disclose or distribute the identifiers or information without the person’s prior consent, unless the disclosure is (a) to complete and authorized financial transaction, (b) authorized by law, or (c) in response to a valid warrant or subpoena.

However, when plaintiff Jerrod Lane was required to scan his fingerprints into Schenker’s records, he was not provided with written materials informing him of the collection, its uses, and the retention time. He did not give the company his written consent to the taking of his biometrics. Later, the company shared his biometrics with its timekeeping vendor without asking for his consent. The company also does not appear to have retention and destruction policies.

The complaint alleges that the company has taken biometric data from other employees and shared it as well, without complying with the state’s BIPA law.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Schenker Fingerprint Scan and Illinois Biometric Privacy Act Complaint

May 14, 2019

If someone steals your credit card or debit card number, you can cancel the card and get a new one. But what can you do if someone steals your fingerprints? Only a few states have laws on biometric data collection. The complaint for this class action alleges that Schenker, Inc. violated the Illinois Biometric Information Privacy Act (BIPA).

schenker_biometrics_complaint.pdf

Case Event History

Schenker Fingerprint Scan and Illinois Biometric Privacy Act Complaint

May 14, 2019

If someone steals your credit card or debit card number, you can cancel the card and get a new one. But what can you do if someone steals your fingerprints? Only a few states have laws on biometric data collection. The complaint for this class action alleges that Schenker, Inc. violated the Illinois Biometric Information Privacy Act (BIPA).

schenker_biometrics_complaint.pdf
Tags: Biometric Data, Biometric Fingerprint Violations, Taking/Storing/Using Biometric Data, Your Privacy