Employers Need Permission to Collect Biometrics, Some Surprising Facts.

Bellas & Wachowski’s ‘Chicago Business Attorney Blog’ has published its latest article covering Employers Need Permission to Collect Biometrics, which is aimed primarily at Businesses in and around Chicago. The article is available for viewing in full at https://www.businessattorneychicago.com/employers-need-permission-to-collect-biometrics/

Chicago Business Attorney Blog has published a new article entitled Employers Need Permission to Collect Biometrics, which sheds light on the most important aspects of Employers Need Permission to Collect Biometrics. Businesses in and around Chicago that are considering the use of biometrics with respect to collecting information about employees and customers and other interested individuals can view the full article at https://www.businessattorneychicago.com/employers-need-permission-to-collect-biometrics/


The article includes several interesting pieces of information, one in particular is Businesses need to ask permission and explain why the data is being collected, or they could well face legal liability. This should be of particular interest to Businesses in and around Chicago because Business owners should beware of the potential liabilities associated with using biometric data.


The most important message in the article is that Federal courts have not been as hospitable to plaintiffs because some have courts have required that employees prove an “injury-in-fact” under Article III of the U.S. Constitution. But other courts have ruled that a concrete injury can be established simply based on the employee unknowingly providing biometric data, or where the employer shared this information with a third party. But even when federal courts rule that a plaintiff lacks standing, if they remand or dismiss without prejudice, the case can be refiled in state court.


‘With all this in mind, employers would be well advised to have a number of policies and procedures in place to ensure that they’re staying in BIPA compliance: Protect employee data in a systematic fashion, making sure you understand how and when biometric data is collected, stored, utilized and destroyed. The BIPA language talks about a “reasonable standard of care” and “in a manner that is the same as or more protective than” other confidential or sensitive information.


To parse what this means, exactly, and whether they’re currently in compliance, employers will need help from both an attorney and an IT professional. Make sure your employee handbook or comparable document lays out what biometric data is being collected and why, how it’s being used and where it’s being stored. Put a policy in place that establishes how long biometric data is kept, when it’s destroyed, and when its purpose has been achieved, keeping in mind that BIPA requires data to be junked within three years of an employee’s last contact with an employer. Obtain written consent from your employee for the collection, storage and use of their data, ideally upfront as a condition of employment.’


In discussing the article’s creation, George S. Bellas, Partner in the Law firm of Bellas and Wachowski at Chicago Business Attorney Blog said:


“Taking these precautions should allow your business to gain the security-related and other benefits of biometric data without becoming a defendant in the next class-action lawsuit.”


Regular readers of Chicago Business Attorney Blog will notice the article takes a familiar tone, which has been described as ‘The website has been described as cutting edge on all matters legal and business.’.


Chicago Business Attorney Blog now welcomes comments and questions from readers, in relation to the article, as they are intent on informing and enabling business owners in general, and especially in and around the Chicago area. The website welcomes comments as it is intent on interacting with business owners who have a strong interest in the subject.


Anyone who has a specific question about a past, present, or future article can contact Chicago Business Attorney Blog via their website at https://www.bellas-wachowski.com/


The complete article is available at https://www.businessattorneychicago.com/employers-need-permission-to-collect-biometrics/.

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