Makers of HandPunch Timeclocks Illegally Capture Illinois Employees’ Biometric Data, Class Action Claims

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A proposed class action claims the companies behind HandPunch timeclocks have captured and stored employees’ hand geometry scans without complying with Illinois’ Biometric Information Privacy Act (BIPA).

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The 15-page lawsuit says defendants Recognition Systems, Inc. and parent company Ingersoll Rand, Inc. are prohibited under the BIPA from collecting, purchasing or otherwise obtaining Illinois residents’ biometric identifiers—i.e., personal features unique to an individual—without first providing written notification and securing their consent.

The plaintiff, an Illinois resident whose employer required him to scan his hand geometry on a HandPunch device to clock in and out of work, claims the defendants never obtained his permission to collect and store his biometric information. According to the filing, the companies have illegally captured the hand geometry scans of hundreds, if not thousands, of Illinois workers through their biometric-enabled timeclocks.

The suit explains that after the HandPunch devices measure an employee’s distinct hand size and shape, this data is transmitted to and stored in the defendants’ cloud-based time and attendance systems.

“Unlike key fobs, identification numbers, or swipe cards—which can be changed or replaced if stolen or compromised—fingerprints and/or hand geometry biometrics are unique, permanent biometric identifiers associated with each employee,” the complaint says. “This exposes employees who are required to use [the defendants’] devices as a condition of their employment to serious and irreversible privacy risks.”

Per the filing, the BIPA also requires companies to inform residents in writing of the specific purpose and length of time for which their biometrics are being collected, stored and used. By law, private entities must also publish a publicly available policy governing how and when residents’ biometric information will be permanently deleted, the case relays.

The makers of the HandPunch devices have failed to fulfill these BIPA obligations, the suit alleges.

The lawsuit looks to represent any Illinois residents who, since June 3, 2019, have had their hand geometry scans captured, collected or otherwise obtained in the state by Recognition Systems and/or Ingersoll Rand.

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