USA Employment Lawyers - Jordan Richards

Can employers force you to give biometric data?

The state of Illinois has seen a major surge in the use of biometric data. Many workers are growing concerned about the collection of this data. They are also concerned about the possible uses for this type of info. For this reason, several states have passed measures regarding this data and its storage.

How is this type of data used?

Biometric data includes such items as fingerprints, voice prints, and hand or face geometry.

This type of data may be used by companies in a wide variety of settings. The most common use of biometric data is to identify and authenticate people. As a result, this data is most often used for security purposes.

However, many workers are worried that this type of data is increasingly being used to control them. They are concerned that biometric data can somehow be used to regulate their conduct off the job as well as on. People are also worried that this data can be stolen by hackers and used for illegal purposes.

What is the biometric information privacy act?

In 2008 the state of Illinois passed the Biometric Information Privacy Act (BIPA). This act was expressly designed for the purpose of making sure that employers cannot collect this type of data without the consent of their workers. Your employer must obtain your written consent and make a series of full disclosures.

You should also note that BIPA was enacted to prohibit companies from either selling or profiting in any way from the biometric data they have collected. It also requires them to protect the data that they do collect. They can do so by using the standards of care expected of this type of storage.

The BIPA has also made it easier for workers to bring legal actions against employers that don't follow these guidelines. It is entirely possible to bring a claim without having to prove that actual harm was committed. This claim would fall under the category of private right of action for a technical violation.

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