Party City Collected Ill. Workers’ Fingerprints Without Consent, Lawsuit Alleges

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Party City Corporation has overstepped an Illinois privacy law by scanning employees’ fingerprints for timekeeping purposes without providing proper disclosures and obtaining consent to do so, a proposed class action alleges.

According to the case, the Illinois Biometric Information Privacy Act (BIPA) was designed to regulate private companies’ use of Illinois citizens’ biometric information, including fingerprints, given the collection of such data exposes individuals to “serious and irreversible privacy risks.”

The defendant has nevertheless “disregarded its employees’ statutorily protected privacy rights” by collecting and storing their biometric data without complying with the BIPA’s requirements, the suit alleges. More specifically, the case claims Party City has failed to:

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

The plaintiff, who worked for Party City in Illinois until at least 2016, says he was required to scan his fingerprint at the beginning and end of each workday. Per the case, the employee was never informed of Party City’s policies concerning the collection and destruction of his biometric data and did not provide the company with a written release allowing for his fingerprints to be collected.

The lawsuit claims the plaintiff has been “continuously and repeatedly” exposed to the potential harms caused by Party City’s apparent failure to adhere to the BIPA and seeks liquidated damages as compensation for the injuries caused.

The plaintiff looks to represent all Illinois residents who had their fingerprints collected, captured, receive, otherwise obtained or disclosed by Party City while residing in Illinois.

Initially filed in DuPage County, Illinois Circuit Court, the lawsuit has since been removed to the state’s Northern District Court, Eastern Division.

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