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Superior Health Linens Employee Hand Scans Illinois BIPA Class Action

Illinois is one of the few states that has passed a Biometric Information Privacy Act (BIPA), beginning to regulate the collection and storage of biometric data. The complaint for this class action alleges that Superior Health Linens, LLC (SHL) and Automatic Data Processing, Inc. (ADP) have violated that law in the collection of data for SHL employees.

Biometric data has advantages for employers, such as the difficulty for the average person in falsifying it. However, the disadvantages are serious. If an ID card is stolen or falsified, the card can be cancelled and another card issued. If your ID is your handprint, and that is stolen by sophisticated identity thieves, you cannot cancel it and get a different hand.

For this reason, BIPA tries to ensure that people are aware of the taking of their biometric data and its storage, retention, and use. It also attempts to force companies to have a plan eventually to destroy biometric data when it is no longer in current use, so that it is not available to identity thieves longer than it needs to be.

The complaint notes, “Biometric identifiers include retina and iris scans, voiceprints, fingerprints and face geometry, and—most importantly here—scans of hand.” In this case, SHL required that employees allow their hands to be scanned and then that they use their hands to clock in and out. 

The complaint alleges that SHL violated the law in three ways. First, it did not “properly inform” employees “in writing of the specific purpose and length of time for which their handprints were being collected, stored, and used[.]”

Second, it did not create “a publicly available retention schedule and guidelines for permanently destroying” the handprint data later on.

Third, it did not obtain a written release from employees, giving it permission to collect or otherwise capture their handprints.

ADP is involved because it provided SHL with human resource software and services, including the time tracking services that required the use of the handprints.

The complaint asks for an injunction to make SHL and ADP follow BIPA’s requirements for the collection of biometric data; damages of $5,000 for each willful and reckless violation of BIPA or $1,000 for each negligent violation of BIPA: and attorneys’ fees and expenses for bringing the case.

While a class has been defined for this action, the complaint on file does not contain page 7, the page on which the class is defined.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Superior Health Linens Employee Hand Scans Illinois BIPA Complaint

April 9, 2019

Illinois is one of the few states that has passed a Biometric Information Privacy Act (BIPA), beginning to regulate the collection and storage of biometric data. The complaint for this class action alleges that Superior Health Linens, LLC (SHL) and Automatic Data Processing, Inc. (ADP) have violated that law in the collection of data for SHL employees.

superior_health_linens_biometric_data_compl.pdf

Case Event History

Superior Health Linens Employee Hand Scans Illinois BIPA Complaint

April 9, 2019

Illinois is one of the few states that has passed a Biometric Information Privacy Act (BIPA), beginning to regulate the collection and storage of biometric data. The complaint for this class action alleges that Superior Health Linens, LLC (SHL) and Automatic Data Processing, Inc. (ADP) have violated that law in the collection of data for SHL employees.

superior_health_linens_biometric_data_compl.pdf
Tags: Biometric Data, Taking/Storing/Using Biometric Data, Your Privacy