Along with the increasing trend of employers using an employee’s biometrics to secure data, employers are facing more lawsuits as a result of running afoul of state laws imposing restrictions, and penalties, relating to their employees’ rights to biometric privacy.
For example, in Illinois, the Biometric Information Privacy Act (BIPA) not only regulates the disclosure, retention, and protection of biometric data, the act contains a private right of action and statutory damages. BIPA allows employees to sue individually, and for every violation proved, they get $1,000 or $5,000 depending on whether the violation was shown to be negligent or intentional.
