Lisa Johnson, a former Amazon warehouse worker, has filed a class action lawsuit against Amazon.com Services LLC. The lawsuit alleges that the company violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and using her facial scans for worker identification during clock-in and clock-out procedures.
Johnson claims that Amazon failed to obtain informed consent before gathering her biometric data. She also asserts that the company did not provide a publicly available written policy outlining a retention and destruction schedule for such data. And she alleges that Amazon shared her information with third-party identity verification services without informing her of the disclosure.
The lawsuit specifically cites violations of sections 14/15(a), 14/15(b), and 14/15(d) of BIPA. Johnson seeks to represent a class of Illinois residents whose biometric data was similarly collected by Amazon.com Services within the past five years.
The Illinois Biometric Information Privacy Act is a state law regulating the collection, use, storage, and disposal of biometric data, such as fingerprints and facial scans. BIPA requires companies to obtain written informed consent before collecting someone’s biometric data and outlines specific rules regarding its retention and destruction.
This lawsuit isn’t the first time tech giants have faced legal challenges concerning BIPA. In 2022, Illinois residents filed a class action lawsuit against Google, alleging the company collected user data through face scans in photos without proper consent. The case was later settled for a reported $100 million. Similarly, Facebook has faced lawsuits in Illinois regarding its use of facial recognition technology.
The Amazon plaintiff is seeking statutory damages, citing $1,000 per violation and $5,000 for any instances where Amazon acted intentionally or recklessly. The complaint also requests reimbursement of legal fees and any actual damages.
Source: Bloomberg Law
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April 24, 2024 — by Ali Nassar-Smith
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