On January 27, 2022, an Illinois resident filed a class action complaint in Illinois state court against the hiring platform company HireVue alleging violations of BIPA. Liquidated damages increase to $5,000 if the violation is intentional or reckless. Individuals can recover liquidated damages of $1,000 or actual damages per violation, whichever is greater, along with attorneys’ fees and expert witness fees.

BIPA prohibits entities, including employers in Illinois, from selling or otherwise profiting from a person’s or customer’s biometric identifiers or biometric information. And third, the entity must receive a written release from the subject.īIPA also requires entities, including employers in Illinois, that process biometric identifiers or information to develop and publicize a written policy establishing a retention schedule and guidelines for permanently destroying the biometric identifiers or information.

Second, the entity must inform the subject in writing of the specific purpose and length of term for which a biometric identifier or biometric information is being collected, stored, and used. First, the entity must inform the person in writing that a biometric identifier or biometric information is being collected or stored. or otherwise obtain” biometric identifiers or information, such as face geometry, in Illinois, to satisfy three requirements. This lawsuit is a reminder of the risks for employers using AI or biometric information in employment assessments.īIPA requires private entities, including employers, that “collect, capture, purchase, receive. BIPA broadly defines biometric information as “any information” that is based on an individual’s biometric identifier used to identify an individual. Under BIPA, biometric identifiers include a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. The prospective class alleges multiple violations of the Illinois Biometric Information Privacy Act (“BIPA”), which places limits on the use of biometric identifiers or biometric information in Illinois. A recently filed class action lawsuit alleges a hiring platform company, which used artificial intelligence (“AI”) to assess job candidates during video interviews, illegally collected facial data for analysis.

What is hirevue video interview