Biometrics privacy regulations to set high bar for payouts, even as lawyers claim third party

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Preliminary approval has been granted for a $3.5 million class action settlement accusing Ceridian of violating Illinois biometric data privacy law with its time and attendance tracking products, the Cook County record reports.

The plaintiffs allege that Ceridian failed to collect consent and fail to publish a data retention and destruction schedule for its biometric fingerprint readers as required by the Biometric Information Protection Act.

A motion requesting that the representative plaintiffs receive a reward of 35% of the total settlement also claims that class members will receive “the highest monetary award per person in a BIPA supplier case to date.”

With 10 days to go before the deadline, 22 percent of class members had submitted claims, and after fees and costs were deducted, each would receive approximately $700.

By contrast, a massive settlement of a BIPA lawsuit against Google is expected to cost just over $150 per class member.

Ceridian has already posted a data retention and deletion plan on its website and has agreed to retain it as part of the settlement. The company has also agreed to establish a process for its customers to obtain written consent from biometric data subjects, which will be integrated into the Ceridian Dayforce clock.

The deal was originally reached in July.

BIPA’s first jury trial

Among the many BIPA lawsuits heard in state and federal courts in recent years, Rogers v. BNSF Railway Company is set to become the first to be heard by a jury, with Law360 reporting that jury selection began this week.

Plaintiff accuses BNSF of failing to obtain informed consent when fingerprinting for access control to pick up and drop off loads at rail yards. BNSF argued that the liability rests solely with its automatic gate system supplier, Remprex.

The case was moved from the state to federal court and vice versa.

Lawyers interviewed by Law360 suggest exposure to BNSF in a jury trial is significant and expressed uncertainty about how the jury will deal with corporate liability.

Biometric data privacy suits are suitable

Tinder and parent company Match Group Inc. are facing a potential class action lawsuit under BIPA over the use of facial biometrics in identity verification, the Cook County record report separately. Tinder began testing FaceTec’s selfie biometrics and liveness controls earlier this year.

Turing Video had a motion to dismiss a BIPA lawsuit against it dismissed by a federal judge, according to another Record article. The ruling says the company has enough ties to Illinois to be held liable, with dozens of customers for its non-contact temperature check scanners used to detect COVID-19, and labor laws fail to prevent the allegation, as they could only protect the plaintiff. employer.

Training software provider Brainshark Inc. will also be the subject of a complaint under BIPA, after a federal judge rejected arguments that there was insufficient evidence that the events at issue took place. produced in Illinois and that BIPA violates the First Amendment to the Constitution, Law360 writing.

Lawsuits against BIPA have also been filed against the summer camp photo platform Bunk1.comaccording to ClassAction.org.

Article topics

biometric data | biometrics | BIPA | data protection | trial | time and attendance

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