Ascension Health Employee Fingerprint Scans Violate Illinois Privacy Law, Class Action Alleges

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A proposed class action lawsuit claims private hospital Ascension Saint Joseph-Chicago and parent corporation Ascension Health have unlawfully captured, stored and shared employee fingerprint scans without consent.

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The 23-page lawsuit says that the defendants have breached the Illinois Biometric Information Privacy Act (BIPA) by collecting, storing and disseminating workers’ fingerprint scans to third-party vendors via biometric-enabled, automated medication dispensing systems, including the Pyxis MedStation ES System, without express written consent.

In addition, the suit alleges that Ascension and its Chicago hospital have violated the BIPA by failing to disclose how long and for what purpose employees’ biometric information will be stored and used, and by failing to provide public guidelines that detail data retention and destruction policies.

According to the case, employees are required to scan their fingerprints on a Pyxis device each time they need to dispense medicine or other items for patient care. Per the complaint, employee fingerprints—protected as “biometric identifiers” under the BIPA—are stored in the Pyxis system servers, which the defendants use to monitor access to medications.

As biometrics are unique to each individual, a consumer faces greater risk of identity theft, fraud and other misuse by unauthorized third parties if this personal data is compromised, the filing relays.

“Unlike ID badges or key fobs—which can be changed or replaced if stolen or compromised—fingerprints are unique, permanent biometric identifiers associated with each employee,” the lawsuit explains. “This exposes employees who are required to use biometric devices, like the Pyxis devices, as a condition of their employment to serious and irreversible privacy risks.”

The plaintiff, an Illinois resident, worked as an inventory coordinator at Ascension Saint Joseph-Chicago between March 2020 and 2022, the case says. Like other employees, the man was regularly required to scan his fingerprint on a Pyxis device in order to access medications and other pharmaceutical products, the complaint shares.

However, the plaintiff never consented to the capture, storage and dissemination of his biometric data, nor was he ever informed why or for how long the defendants would keep the information, or when it would be deleted, the filing claims.

The lawsuit looks to represent any Illinois employees of Ascension Health or Ascension Saint Joseph-Chicago whose fingerprints were obtained or disclosed by the defendants during the applicable statutes of limitations period.

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