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Illinois Biometric Information Privacy Act

Billhorn Law Firm continues collaboration with Plaintiff law firms across the country, efforts aimed at protecting employee rights in all federal jurisdictions.  Recently, we have become focused on the use of “biometrics” in the work place.  The collection of biometrics is generally in the form a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. The Illinois Biometric Information Privacy Act controls the collection of this kind of employee data and has distinct subparts, each of which can constitute individual violations:

  • Failing to develop a written policy
  • Failing to provide written notice of collection
  • Profiting from the biometric data
  • Unlawfully disclosing the biometric identifier
  • Not taking reasonable care in storing, transmitting, or otherwise protecting the information

If, in your employment, you are aware of the Employer/Company collecting from you, for purposes of sign in/out or for any other identification purpose on any of its software platforms, any information as described above (retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry), rigorous Illinois laws dictate how your biometric information must be treated.  Even if you had such data stored on your own app and, for example, provided that data to your Employer for their use in identifying you during your work, the Employer would be obligated to comply with the statute.

Please feel free to share with us with any information or input you might have in this regard, relating to any other employment you have had in Illinois within the last 5 years.  We will promptly follow up with you.