News & Analysis as of

Fingerprints

Trying To Put A Finger On The New Frontier Of Privacy Compliance: Biometric Data

by SmithAmundsen LLC on

Unlike social security numbers or credit cards, you can’t change your retina or fingerprint. Perhaps for that simple reason, biometric data may be the new black in terms of security and employment procedures for companies of...more

Dear Littler: What Does Our Company Need To Do Before We Begin Using Biometric Timeclocks?

by Littler on

Dear Littler: We are going to replace the punch-card timeclocks in our U.S. facilities with timeclocks that allow employees to “clock in” each day using their fingerprint. I’ve read about a flood of recently filed class...more

New HR Technology Breeds A Rise In Class Action Litigation

by Akerman LLP on

Many employers concerned about facility security or employees clocking in and out for each other have begun to utilize finger scan technology. Although that may have solved one problem, it may have created a much more serious...more

Second Circuit Delivers Limited Victory to Defendant Under Illinois Biometric Information Privacy Act and Spokeo.

by Locke Lord LLP on

On November 21, 2017, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a case under Illinois’s Biometric Information Privacy Act (“BIPA”), finding that none of the alleged violations created a...more

Illinois’s Biometric Information Privacy Act Spurs Similar Legislation Around the Country.

by Locke Lord LLP on

Dozens of employers have been caught off guard by the rash of class-action lawsuits recently filed in Illinois alleging violations of Illinois’s Biometric Information Privacy Act (BIPA). But while Illinois was the first, it...more

An Employer’s Duty To Accommodate Not So-Common Religious Practices

by Pepper Hamilton LLP on

Q. An employee has requested that the company give her an accommodation due to a religious practice I have never heard of. Do we have to comply with this request? A. Title VII of the Civil Rights Act of 1964 protects...more

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

The Risky Business of Using Biometric Information: Insurance Coverage Considerations

by K&L Gates LLP on

Illinois has recently entered the litigation spotlight due to the growing number of actions being brought under the state’s Biometric Information Privacy Act (the “Illinois BIPA”). Illinois is one of only several states that...more

Do You Have “Security Fatigue”?

Every day it seems a new data security breach has occurred, a new “cyber hack” is in the news…making us run to our phones, computers, bank accounts, you name it, to see if we could be the “one” affected. As a result, more and...more

Biometric Information Privacy Act (BIPA): A Checklist for Defendants

by Locke Lord LLP on

The rising tide of litigation under Illinois’s Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune, and here’s what companies should consider if they’ve been named as a...more

Litigation Under Illinois Biometric Information Privacy Act Highlights Biometric Data Risks

by K&L Gates LLP on

Since June 1, 2017, over thirty class actions have been filed in Illinois alleging claims under the Illinois Biometric Information Privacy Act (“Illinois BIPA”), which regulates the use and retention of biometric...more

No Fingerprinting as a Religious Accommodation? Yes, Says Court

by Shipman & Goodwin LLP on

You wouldn’t think that fingerprinting would be brought into the world of religious accommodations. After all, the importance of background checks cannot be denied, particularly when the prospective employee is going to...more

Hyatt and Bob Evans Face Class Action Biometric Suit Over Fingerprints

Hyatt Corp. was hit with a class action suit this week for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ fingerprints. This is the latest in a string of suits...more

The “Mark of the Devil” and Religious Discrimination

Although Halloween is only a few days behind us, employers should take note of a “devilish” decision from a Pennsylvania federal court in a discrimination case late last month....more

Data Privacy + Cybersecurity Insider - November 2017

by Robinson & Cole LLP on

US-CERT Warns of New Ransomware: Bad Rabbit - The U.S. Computer Emergency Readiness Team (US-CERT) is warning companies in the U.S. about a new ransomware dubbed “Bad Rabbit.” US-CERT stated it has received multiple...more

The Next Employment Class Action Lawsuit That Will Blindside You

by BakerHostetler on

Do any of your office systems involve fingerprint scans or facial recognition? If so, and if you have any Illinois business operations, you may soon become a target of the latest round of employment class actions....more

Employer-Mandated Fingerprinting May be Religious Discrimination

Sincerely believing that fingerprinting is “the mark of the devil” may be enough to sue your employer for religious discrimination and retaliation in federal district court. On Monday, October 30th, Western District of...more

Biometric Time Clocks May Be a Ticking Time Bomb for Employers

by Locke Lord LLP on

Employers in Illinois that are using biometric time clocks that use fingerprints or other biometric identifiers to identify particular employees need to be aware of the substantial compliance obligations imposed by the...more

A “New” Frontier for Plaintiffs Class Action Attorneys -- the Illinois Biometric Information Privacy Act: Can Technical...

by Clark Hill PLC on

Since November 2016, over thirty-five class action lawsuits have been brought under the Illinois Biometric Information Privacy Act (the Illinois “BIPA”) in Illinois state and federal courts. Under the Illinois BIPA (which was...more

Second Circuit Set to Address Key Issues Under Illinois Biometric Information Privacy Act

by Locke Lord LLP on

The Second Circuit became the first U.S. Court of Appeals to wade into the rising tide of litigation under Illinois’s Biometric Information Privacy Act (“BIPA”) when it conducted oral argument on October 26, 2017 in a BIPA...more

Beware the Fine (Thumb) Print: Insurance Coverage for the Storm of Class Actions Under the Illinois Biometric Information Privacy...

by Reed Smith on

Since July 2017, national, regional and local businesses operating in Illinois have been hit with a virtual storm of class actions under the Illinois Biometrics Privacy Act (“BIPA”). BIPA regulates how businesses may record...more

Fingerprint Scanning for Timekeeping: A Perfect Match for Your Workplace or a Biometric Passport to Litigation?

by BakerHostetler on

A recent surge of class action lawsuits is challenging employers’ use of fingerprint timekeeping systems. In the past two months, at least 32 class action lawsuits have been filed in Illinois alleging noncompliance with the...more

Putting a Finger on a Problem? Employees Challenge Biometric Scanners as Violating Privacy

Employers, if you have ever wondered how much security is too much, there may be an answer coming sooner than you think. In a recently filed complaint, Martin Ragsdale, an employee of the Paramount of Oak Park Rehabilitation...more

Illinois Nursing Home Faces Employee Class Action Based On State Biometric Privacy Act

by Jackson Lewis P.C. on

Alleging that mandatory daily biometric fingerprint scans violate employees’ privacy rights under the Illinois Biometric Information Privacy Act (BIPA), employees of Paramount of Oak Park Rehabilitation & Nursing Center, LLC,...more

How Collecting Fingerprints Could Cost Your Company: Biometric Laws on the Rise

by Faegre Baker Daniels on

Corporations in Illinois, Texas and Washington could be subject to extensive monetary damages if they collect any biometric identifier, including fingerprints or voice scans. Businesses should carefully comply with privacy...more

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