Common BIPA Violations In Illinois Workplaces
Many Illinois employees are unaware of how frequently their employers collect, store, and use their biometric information. Fingerprint scanners, facial recognition time clocks, palm-scan access points, and voice-recognition tools are now common in various workplaces. While these technologies improve efficiency, they also raise significant privacy concerns. The Illinois Biometric Information Privacy Act (BIPA) requires employers to follow strict procedures before collecting or storing biometric identifiers.
Many workplaces fail to comply with these requirements. As cybersecurity and privacy attorneys representing plaintiffs nationwide, we frequently observe BIPA violations that put employees at risk. Even if employees are unaware of violations, the law allows them to seek compensation. BIPA offers some of the strongest biometric privacy protections in the country, and employers who ignore these rules may be held fully accountable.
Failure To Provide Written Notice Before Collecting Biometric Data
One of the most common workplace violations involves failing to tell employees in writing that biometric data is being collected. BIPA requires employers to provide a written explanation describing what biometric information is being gathered, how it will be stored, and why it is being used.
Many workplaces skip this step entirely, leaving employees unaware. Many employers omit this step, leaving employees unaware that their fingerprints or facial scans are being collected by workplace systems. Without a legally compliant notice, collecting biometric data is unlawful under BIPA, regardless of the company’s stated purpose. notice, employers must obtain a signed release before collecting any biometric identifier. This is another major violation we see in workplaces across the state. Employees often start new jobs and are immediately required to use fingerprint timekeeping devices or facial-scan entry systems without ever signing a consent form.
BIPA requires that consent be informed, voluntary, and documented. Employers cannot assume consent based on device use or include it in general hiring paperwork. Without a proper written release, each scan is a violation.
Failure To Publish A Written Data Retention And Destruction Policy
BIPA requires employers to maintain a publicly available policy detailing how long biometric data will be stored and when it will be deleted. Many companies either lack such a policy or provide one that is incomplete or inaccessible.
Companies must have a clear schedule for destroying biometric identifiers when employment ends or the purpose of collection is fulfilled. Retaining biometric data indefinitely violates BIPA. Without a valid retention policy, employees face unnecessary risk if their data is compromised.
Sharing Biometric Data With Third Parties Without Consent
Employers frequently use third-party vendors for timekeeping, payroll, workforce management, or security. BIPA prohibits sharing biometric data with outside parties unless employees are informed and provide written consent.
Many businesses fail to disclose that their employees’ biometric identifiers are transmitted to outside vendors for processing or storage. Even if the company believes the transfer is harmless, sharing biometric information without proper notice and consent violates BIPA and creates liability.
Selling, Leasing, Or Profiting From Biometric Information
BIPA explicitly prohibits companies from selling, trading, or profiting BIPA explicitly prohibits companies from selling, trading, or profiting from biometric data. Some employers may indirectly profit by using third-party vendors who collect data for broader commercial purposes. Which can result in substantial statutory penalties. This includes partnerships where employee data is used for analytics, product development, or corporate agreements unrelated to the employee’s job duties.
Failure To Secure Biometric Data Properly
Employers must store and transmit biometric data using reasonable safeguards consistent with industry standards. Common violations include:
- Storing biometric data in plain text.
- Failing to encrypt biometric identifiers.
- Allowing unauthorized employees or vendors access.
- Storing biometric identifiers alongside easily accessible personal data.
- Not using secure transmission protocols.
When a company stores unprotected biometric data, the risk of exposure increases dramatically. Because biometric identifiers cannot be replaced, the consequences of a breach can be permanent.
Continuing To Store Biometric Data After Employment Ends
Under BIPA, biometric data must be destroyed according to the company’s published retention schedule, or no later than three years after an employee’s last interaction with the company. Employers often retain scans long after an employee leaves. Retaining biometric identifiers beyond the legally permitted period is a clear violation, regardless of whether the company intended harm.
Why BIPA Violations Matter For Employees
Biometric information is permanent. Unlike a password or badge number, it cannot be changed. Any misuse, improper storage, or unlawful sharing creates lifelong risk.
BIPA gives employees the right to pursue statutory damages for each violation:
- $1,000 per negligent violation
- $5,000 per reckless or intentional violation
Because biometric scans are often collected multiple times a day, violations can quickly accumulate. Many employees are surprised to learn that they may be entitled to significant compensation even if no breach occurred. The violation itself, not the breach, triggers liability under BIPA.
BIPA Frequently Asked Questions
What Rights Do Employees Have Under BIPA?
Employees have the right to receive written notice, provide written consent, and review a company’s written policy before any biometric data is collected. They also have the right to know how their information will be used, how long it will be retained, and when it will be destroyed. If an employer collects, stores, shares, or profits from biometric data without following these requirements, employees may pursue legal action for statutory damages.
Does A Company Violate BIPA If It Never Experienced A Data Breach?
Yes. BIPA does not require a breach for a violation to occur. The statute focuses on whether proper consent, notice, and security measures were in place. Even if no data was lost or stolen, an employer may still be liable for collecting or storing biometric identifiers without following the law. Courts in Illinois have repeatedly affirmed this interpretation.
Can Employees Sue If Their Biometric Data Was Shared With A Vendor?
Yes. BIPA prohibits companies from disclosing biometric identifiers to third parties without proper written consent. Many employers rely on outside timekeeping or workforce management companies, and they often share employee scans with those vendors. If employees did not sign a release specifically authorizing that transfer, the employer may face statutory penalties.
What Types Of Compensation Are Available In BIPA Cases?
Employees may recover statutory damages, which are set by the statute at $1,000 per negligent violation and $5,000 per reckless violation. Courts may also award attorneys’ fees and other relief. Because violations may occur with every scan or every day, biometric data is stored unlawfully, the total compensation can be significant.
How Long Do Employees Have To File A BIPA Claim?
Illinois courts have applied a five-year statute of limitations to BIPA claims. This timeframe generally begins with each unlawful collection, storage, or disclosure event. If biometric data was collected without consent or retained beyond the allowable period, employees may still have a viable claim years later.
Contact Net Law Advocates If You’ve Experienced A BIPA Violation
If your employer collected, stored, or shared your biometric information without proper notice and consent, our Cybersecurity and privacy attorneys are prepared to evaluate your potential claim. BIPA provides strong protections for workers, and companies that disregard these protections may be held accountable. We represent plaintiffs across the United States and are committed to protecting biometric privacy rights.
If you believe your biometric data was collected or used unlawfully, please fill out our secure web form to schedule a free, confidential consultation. We will review your situation carefully and explain how we may assist you. Our firm represents clients nationwide in biometric privacy and data security matters.
