Class Action Claims Pearson Education Collects Test Takers’ Hand Vein Prints Without Proper Consent

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Pearson Education, Inc. faces a proposed class action in which an Illinois resident claims the company’s practice of scanning the vein-print of an individual’s hand at its testing centers without consent or authorization violates a state privacy law.

The 13-page case alleges Pearson has run afoul of the Illinois Biometric Privacy Act (BIPA) by collecting and storing scans of the unique vein patterns found on test-takers’ hands without first providing statutory disclosures and obtaining express consent to do so. The lawsuit argues that the defendant’s collection of Illinois residents’ vein-prints without proper authorization or disclosures regarding the use and retention of the sensitive information has exposed the consumers to an increased risk of fraud and identity theft.

“As set forth in BIPA, biologically unique identifiers, such as a person’s unique hand vein-prints, cannot be changed,” the complaint states, citing the state law. “The inalterable nature of biologically unique identifiers presents a heightened risk when an individual’s biometrics are not protected in a secure and transparent fashion.”

According to the filing, Pearson operates various testing centers at which individuals can take proctored exams for a number of certifications and degrees. The plaintiff claims to have signed up to take the defendant’s Massage & Bodywork Licensing Examination in Schaumburg, Illinois in the summer of 2021. As part of her intake process, the plaintiff was required to scan her hand for “security purposes,” according to the complaint.

The suit alleges, however, that Pearson does not obtain a test taker’s written consent before scanning and collecting their hand vein-print. The defendant has moreover failed to provide a publicly available retention policy that outlines when the biometric data will be deleted, the case claims. The lawsuit further alleges that Pearson has shared consumers’ private biometric information with third parties, such as the vendors who provide its scanning technology and data storage, without first informing the individuals in writing that their data would be collected, stored and disseminated.

According to the case, the defendant’s failure to satisfy the BIPA’s requirements has left the plaintiff unaware of whether Pearson still has possession of her sensitive biometric information and how long the data will be retained without her consent.

The plaintiff looks to represent anyone whose biometrics were captured, collected, stored, used, transmitted or disseminated by or on behalf of Pearson Education in Illinois at any time within the applicable statute of limitations.

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