Advertisement Amidst Uncertainty Surrounding the Scope of BIPA Liability, Hyatt Settles Employee Biometric Data Class Claims for $1.5 Million Thursday, July 22, 2021 Use of employee biometric data – including fingerprints, eye scans, voiceprints, and facial scans – continues to be a popular, yet legally risky, proposition for employers. Several states and municipalities have laws that specifically govern the use of biometric data, the highest-profile of which is the Illinois Biometric Information Privacy Act (BIPA). BIPA requires that, inter alia, employers obtain informed, written consent to collect employees’ biometric data, inform employees why the information is being collected and what use it will serve, develop a written policy regarding use of such data, comply with retention and destruction requirements, and avoid selling or otherwise unlawfully disclosing biometric information. BIPA is an attractive claim to class action plaintiffs’ attorneys given that it provides for a private right of action, allows for liquidated damages for technical violations, without the need to prove any actual harm, and also provides for awards based on both negligent ($1,000) and willful or reckless violations ($5,000).