Madison - St. Clair Record

Tuesday, October 15, 2019

Employees accuse Bria Health Services of misusing biometric data

Lawsuits

By Kayla Elder | Aug 30, 2019


Bria Health Services and Belleville Healthcare & Rehabilitation Center face class action lawsuit for misuse of biometric time clock

BELLEVILLE -- Bria Health Services and Belleville Healthcare & Rehabilitation Center is being sued by former and current employees for its alleged misuse of biometric clock-in information.

Former employee Altamese Young filed a class action in St. Clair County Circuit Court involving more than 50 employees who allegedly “clocked-in” using this system since July 8, 2014.

The class is suing the two entities for a variety of violations of the Illinois Biometric Information Privacy Act, including collecting, storing, using and transferring a person’s biometric identifiers and information without adhering to strictly informed-consent procedures established by the act.

The suit states Bria Health uses biometric time clocks, which scan fingerprints and hand geometry to ensure one worker cannot clock in for another due to the unique and permanent identifiers.

Employed by Belleville Healthcare as a certified nursing assistant in October 2018, Young was required to use a biometric time clock system to record her time worked throughout her employment. 

The Illinois legislature enacted the Biometric Information Privacy Act after recognizing the potential of identity theft that can occur after scanning biologically unique identifiers, such as fingerprints and hand geometry, since they can never be changed when compromised.

Bria Health is accused of collecting, storing, using and transferring the unique biometric identifiers and information of Young and others similarly situated without following the detailed requirements of the act, compromising the privacy and security of Young and other workers.

Written materials on the system or release as condition of employment were never provided to employees, nor was written consent collected, the suit states.

Young and the class seek trial by jury, liquidated or actual monetary damages, whichever is higher, for each violation of the act, attorney fees and court costs. 

Bria Health Services has refused to comment on the case.

Young is represented by attorneys Douglas Werman and Zachary Flowerree of Werman Salas PC in Chicago.

St. Clair County Circuit Court case number 19-L-494

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