Illinois Supreme Court scans law, rejects Workers’ Comp Act defense to BIPA

The Illinois Biometric Information Privacy Act (BIPA) contains some of the most stringent requirements in the nation for protecting individuals’ personal identifiers such as fingerprints. Employers that use the information for authenticating employees and/or tracking their time have faced a torrent of BIPA suits (often class actions) challenging the collection, use, and storage of the biometric identifiers. A recent case raised the question of whether such claims against employers are barred by the Illinois Workers’ Compensation Act (WCA), which generally provides the exclusive remedy for workplace injuries. Read on to learn why employers can’t avoid BIPA liability by invoking the WCA.

Working her fingers to the bone

Symphony Bronzeville Park, LLC provides patients with a variety of services, including rehabilitative and palliative care, after they have undergone major medical procedures. Marquita McDonald was employed by the company for a few months, from December 2016 to February 2017.

McDonald claims Bronzeville used a biometric information system that required her to scan her fingerprint as a means of authenticating employees and tracking their time. She says she was never provided with, nor signed, a release consenting to the storage of her biometric information and had never been informed of the purposes or length of time for which the data was being stored.