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Business & Corporate

Seventh Circuit Suggests that Unions Can Negotiate Workers’ Biometric Data Privacy Rights with Employers

Miller v. Southwest Airlines Co., 926 F.3d 898, 900 (7th Cir. 2019) consolidated suits brought against Southwest Airlines and United Airlines by Illinois employees of the two airlines under the state’s Biometric Information Privacy Act (BIPA). At issue was whether employees could seek relief in court for alleged violations of BIPA when the airlines required employees to provide their fingerprints to clock in and out with the airline timekeeping systems. Judge Easterbrook concluded that they could not; instead, the employees must present their claim to an adjustment board under the Railway Labor Act (RLA).