Biometric consent

Definition

The consent a business needs before taking a fingerprint or face scan.

Why It Matters

Illinois requires informed written consent and a published retention schedule before a business collects a scan, and it gives the employee a private right of action, which is why nearly every case is a class action. A buyer keeping a workforce that has been clocking in on a fingerprint reader inherits the exposure for scans taken before closing, and an asset purchase does not reliably cut that off, because successor liability follows the operation and the claims are already accrued. Texas and Washington have their own versions enforced by the attorney general instead. Ask what the time clock reads and ask for the consent forms and the retention schedule by name.

In numbers: In Illinois, at $1,000 for each negligent violation, 40 employees who signed nothing is a $40,000 exposure, and since August 2024 repeated scans of one person by one method count once.