Workers’ Rights Organizations File Amicus Brief in Support of Illinois’ Biometric Privacy Act’s Protections for Low-Wage Workers

National Legal Advocacy Network worked with partners Raise the Floor Alliance, National Employment Law Project and NELA-IL on an Amicus Brief and argue that narrowing the breadth of the BIPA statute would negatively impact at risk and low-wage workers throughout the state.

Illinois – On June 4, 2021, National Legal Advocacy Network and partners filed an Amicus Brief in the Seventh Circuit Court of Appeals in support of Plaintiff’s case against her employer regarding Biometric Privacy Act (BIPA) violations. Plaintiff worked at a fast-food restaurant chain and was required to use her biometrics – a fingerprint scan – to clock in and out of work.  

BIPA requires an employer to receive an affirmative written release from any employee whose biometric data will be collected or stored with each fingerprint scan. Plaintiff’s employer did not comply with this requirement and, when sued by Plaintiff, Defendants argued for an interpretation of BIPA that narrowed the statute and who it protects. 

In the brief, Amici explain that workers’ biometric information is being collected and stored by their employer, without their knowledge or consent. They emphasize that BIPA protects vulnerable workers’ right to make informed decisions about their personal information and data and advocate for adherence to the statute.  

Plaintiffs agree with the District Court’s prior categorization of BIPA claims as separately accruing harms, meaning that each new collection of an employee’s biometric data without complying with BIPA’s mandates, including getting written release, is a new harm.