Biometric Data Clocks Out in Court

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Smith Senior Living required employee Cynthia Dixon to clock in and out of work by scanning her fingerprint through a biometric time clock operated by Kronos, Inc. and stored Dixon’s fingerprint in a database.

Smith did not have a policy regarding the collection of employee fingerprints, never informed its employees about the use or retention of the data and routinely disclosed the data to Kronos. Dixon sued Smith and Kronos under the Illinois Biometric Information Privacy Act, which prohibits the unauthorized collection and disclosure of “biometric identifiers,” defined as eye scans, fingerprints, voiceprints and scans of hand and face

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