Baker McKenzie Secures Appellate Victory for Surestaff in Illinois BIPA Litigation

Global law firm Baker McKenzie obtained a significant appellate victory on behalf of Surestaff LLC in a class action brought under the Illinois Biometric Information Privacy Act (BIPA).

In a unanimous decision, the Illinois Third District Appellate Court affirmed summary judgment in favor of Surestaff, holding that the staffing agency could not be liable under Section 15(b) of BIPA because it did not collect, obtain or acquire workers' biometric data. The Court emphasized that liability under BIPA requires actual possession of biometric data, and that merely assisting with the implementation of another entity's timeclock system does not amount to "collection" under BIPA.

The Court also upheld the trial court's decision to deny additional discovery given the plaintiffs' admission that Surestaff never possessed or controlled their biometric data. The ruling leaves the entity that installed the timeclocks and required their use as the sole remaining defendant in the case.

The decision is a significant victory not only for Surestaff, but employers across Illinois. It sets important limits on the entities that are subject to BIPA's requirements, emphasizing that "the law regulates acquisition of biometric data, not proximity to it."

Surestaff was represented by Baker McKenzie partners JT Charron and William Dugan.

Baker McKenzie's Labor & Employment team provides best-in-class representation for domestic and international employment litigation, counseling and transactional matters. The group's experienced trial lawyers have the unique capability to handle complex litigation and frequently represent clients in individual and collective actions, arbitrations, mediations, at trial and through other alternative dispute resolution proceedings.