Biometrics Lawsuit Claims Digital Realty Management Services Scanned Workers’ Fingerprints Without Consent

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A proposed class action claims Digital Realty Management Services, LLC has required employees to scan their fingerprints for door access without first providing proper disclosures and securing written consent to do so.

According to the lawsuit, the security company with more than 200,000 employees nationwide has violated the Illinois Biometric Information Privacy Act (BIPA), a law enacted to “regulate companies that collect and store Illinois citizens’ biometrics, such as fingerprints.”

The case claims Digital Realty Management Services’ failure to comply with the Illinois BIPA has exposed workers to “serious and irreversible privacy risks” such as identity theft and unauthorized tracking.

According to the suit, Digital Realty requires workers at its Chicago office to scan their fingerprints, rather than use key fobs or identification cards, to access the doors at the facility. Although using biometric identifiers such as fingerprints offers “tremendous benefits” in the workplace, the lawsuit says, the practice also presents “serious risks” given the sensitive nature of the information.

“Unlike key fobs or identification cards—which can be changed or replaced if stolen or compromised—fingerprints are unique, permanent biometric identifiers associated with the employee,” the complaint relays, contending that if the defendant’s fingerprint database were breached, the workers would have no means by which to prevent identity theft and fraud.

It is for this reason, the complaint states, that the Illinois legislature enacted the BIPA, which requires entities to abide by strict disclosure and consent requirements before collecting individuals’ biometric information. According to the suit, Digital Realty “disregards the statutorily protected privacy rights” of workers at its Illinois facilities by failing to adhere to the BIPA.

More specifically, the case claims the defendant failed to:

• Properly inform employees in writing of the specific purpose and length of time for which their fingerprints would be collected, stored and used;
• Provide a publicly available retention schedule and guidelines for the permanent destruction of the workers’ biometric data; and
• Receive a written release from employees to collect, capture, or otherwise obtain their fingerprints.

The lawsuit, which was initially filed in Cook County, Illinois Circuit Court in September 2020 before being removed to the state’s Northern District Court on February 19, 2021, looks to represent anyone who had their fingerprints collected, captured, received, or otherwise obtained by the defendant while residing in Illinois.

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