The New Perils of Using Electronic Means to Identify Your Workers or Customers
On January 25, 2019, The Illinois Supreme Court ruled that violations of the Illinois Biometric Information Privacy Act (“BIPA”), the toughest privacy law in the nation, did not require actual damages to be shown by workers or customers, but that very serious damages were presumed where violations occur, up to $1,000/$5,000 per person per incident. Under the BIPA, collection of biometric information, often in the form of fingerprints, retina, hand scans, facial geometry, voiceprint or handprint scans, are strictly regulated. Companies cannot collect biometric information unless the person agrees to have it taken and stored, they are fully informed of the purpose of collection and they have signed a document stating that they understand the concept and risks.
If you have questions on how to address these new developments, let us know.