With increasing frequency, employers are using "biometric information" of their employees as a means of identification for an array of work-related transactions, such as background screening, computer login, timekeeping, and facility access. In October 2008, the Illinois legislature enacted the Biometric Information Privacy Act (the "Act"), 740 ILCS 14/1 et seq., to regulate the collection, use, safeguarding, and storage of biometric information by private entities and to address public concerns regarding use of biometric information. "Private entities" under the Act include "individual[s], partnership[s], corporation[s], limited liability compan [ies], association[s], or other group, however organized." As noted below, the definition contemplates private entities who collect biometric information for employment purposes.
Biometric information includes retina or iris scans, fingerprints, voiceprints, or scans of hand or facial geometry.
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