Illinois Nursing Home Hit with BIPA Claims

Here’s an example that the Illinois Biometric Information Privacy Act (“BIPA”) is not an idle threat.  An Illinois nursing home was recently hit with a putative class action by employees who claim that daily biometric fingerprint scans violate their privacy rights under the law.  The company on the defensive is Oak Park Rehabilitation & Nursing Center.

Oak Park Rehab requires at least two fingerprint scans daily, one upon clocking-in to work and one upon clocking-out.  The employees claim that Oak Park Rehab stores their sensitive data indefinitely and did not obtain their permission to store such information.  If true, these practices would be a direct violation of BIPA.

The employees are seeking an injunction barring Oak Park Rehab from collecting more fingerprints in addition to the destruction of the fingerprint data currently being held.  As mentioned in previous articles, BIPA provides for damages of $1,000 for each negligent violation of the act and $5,000 for each willful or reckless violation.  Given the considerable number of Oak Park Rehab employees, the fines could add up quick.  If you or your business is concerned about how BIPA might impact your operations, contact the attorneys at Rock Fusco & Connelly.  We have a deep understanding of BIPA and are prepared to help your business navigate its nuances.

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