Illinois Supreme Court issues opinion over ongoing White Castle biometric privacy case
The Illinois Supreme Court issued an opinion in an ongoing case against White Castle in connection to the Biometric Information Privacy Act that could potentially result in major fines.
Wait so why does a burger joint collect biometric data?
They claimed to clock in?they claim to clock in.
They may have been trying to prevent phony clock in fraud and other people working in place of an employee who had done all the pre-employment paperwork.. This is how illegals with no green card or ID work in places that seem to adhere to the law.. The front person gets a cut of the illegal workers paycheck.. This is just a theory and I am sure there are more..
Holy cow, just when I thought I had heard it all. I have heard of the person swapping for university exams, but never thought of this.
.Indians have a scam where a company will send shills over here, give them fake credentials, and get them a job as developer or in some other tech position
they then takes their work assignments and send them back to India
developers there do the actual work and send it back to the shill who then presents it as their own
the scammers get part of their paycheck
they are like reverse ghost employees- they do work for and get paid by the company but the company does not know they exist
the idea is that you have a group of .guys who are each getting paid American wages for several jobs
the real problem is that they get access to various systems and sensitive data without the company knowing they even exist
I am sure they sell any valuable data they come across
a company I worked for busted a guy who was doing this
they started noticing that his work took a little longer complete and he never really had answers when you discussed things with him face to face
he finally got caught up when he said something that revealed he did not know shit about his job
At my first job as a software developer I had a Vietnamese lady coworker who spent all day shopping online and getting personal UPS deliveries at work. I soon learned from other coworkers that she was completely incompetent and unable to write code. She would take her work home for her husband, who was also a software developer, to complete. Eventually management figured this out and she was fired, but she worked there for years.
Believe it or not, in my career as a software developer I encountered a few other such people who completely lacked the ability to perform their job. I was assigned to a project with one guy who I realized immediately was incompetent. He was assigned to work on a module of the project and couldn't even understand the simple database schema I provided to him. Over the weeks I watched as he had other developers over at his desk "helping" him with his work. It would start with them looking over his shoulder, then they ended up sitting in his chair typing, with him looking over their shoulder, and eventually it was just them sitting in his chair working while he was nowhere to be seen. I'd guess that he had at least a half dozen developers do his work on the project. Unfortunately for him, they fucked it up and it caused database errors, and when he was called upon to fix it he was forced to admit to my boss that he didn't understand how any of the code worked. The code that he supposedly wrote. He ended up quitting under threat of being fired.
This is a standard trick I've seen incompetent people use. If you ask one person for help for 8 hours straight, that's too obvious, and they have their own work to do. If you ask 8 different people for 1 hour of help each, you can coast by.
He figured out how to be a girl in development
i had to fire a guy who out and out lied on his application
he claimed he had experience which he did not have
his designs were great, no problem whatsoever
but we created our the diagrams in our documents using Microsoft Visio
we converted them to JPEGs when we put them in documents to keep people from screwing around with them and he submitted all of his in that format
one day, I asked him for one of his original Visio drawings because I wanted to change something- he did not have it
then I asked for all of his drawings and he did not have any of them
he was actually having the equipment vendor develop his designs
of course they were coming up with things that would make them the most money
we had to redo all of his work and make up all of the lost time
the VP of HR was so pissed over the money we lost that he made sure fraud boy could not get unemployment
the vendor was held harmless because they did not know what was going on, they were honoring a client's requests
Kek- There was an article somewhere, I'll look. Basically along these lines where a US fortune 100 IT developer outsourced his day job. He hired people for piece meal work. He sent his work at night, turned it in the am Brilliant move until he was caught.
We had people doing that with the time clocks at McDonald's when I managed there.
Edited manually and got absolutely screamed at for not confirming with them. Had security footage to prove it (not illegals just lazy teenagers trying to get a few extra bucks at the expense of my labor)
Eventually they put a thumb print clock in by the office instead. Bad ideas tbh. Sweaty glove hands don't work well.
We have face scanners now and I love them from a functionality standpoint..
My old company had face picture time clocks. All it could do was match skin tone.
It is a huge problem, this has been going on for a long time.. They made fun of it in the movie "The Coneheads" when Beldar gets the ID of Mr. DiChico.. Now we have professional stand ins and ghost employees..
I did not expect how different that movie would hit after I woke up. Hard to see Gorman Seedling as the bad guy anymore.
Not sure why they'd go to this much trouble.
When I worked in the restaurant business, the illegals had no problem getting fake SSN's. Payroll never had any issues with it either.
Many Counties and States have been pushed by businesses to more tightly enforce employment laws because their competition gets an unfair advantage from cheating.. There was also several health issue cases where ill foreigners made other people sick.. This is a big problem on the barf and crap cruise lines where NORA virus and other illnesses seem to jump off the hundreds of third worlders working on those ships..
dude, you're so full of shit on everything in this thread. you're addicted to conspiracy bullshit. the conspiracy is the rich doing whatever the fuck they want without conseuence. any time you think it's muh immigrants, it's a rich guy misdirecting you towards them while they empty your pockets. wake up.
There's a difference between immigrant and illegal immigrant. Lefties always just say immigrant and group them all together. Commies also say rich guy bad to blame capitalism.
Illegals are enabled by the WEFers, but they aren't innocent.
Exactly. Jose, an anchor baby, applies, interviews, and gets the job at White Castle. When it's time to start his first shift, his cousin Pedro, an illegal alien, shows up to work instead.
It also is standard in tech when hiring Indians. One person shows up for the job interview and a different person shows up to work.
maybe they hire stupid people who can't remember their password
Or the passwords are easy to steal??
As others posted, it has to do with using a fingerprint time clock when employees clock in. Apparently Illinois passed a law in 2008 requiring businesses to get consent to collect biometric data (fingerprints.) But the plaintiff says White Castle didn't get her consent until 2018, so her claim is that every single scan for her five years before 2018 was a separate violation of the Illinois BIPA act, and every scan incurs a fine.
The fines would be astronomical if they really apply to every time she clocked in and out. White Castle says if a violation happened at all, it only happened once (when they failed to get her consent.) The Illinois Supreme Court just voted 4-3 that every single scan, without her consent, was a separate violation of the law. So the resulting fines will be crazy, if this ruling holds.
https://www.natlawreview.com/article/17-billion-slider-illinois-supreme-court-decides-white-castle-bipa-case
Great some illiterate African is going to bankrupt an American company. My fatigue levels are off the charts.
This is a law firm's doing.
Fucking lawyers
My (((fatigue))) levels are off the charts.
If they're selling my data, I want a cut.
The first search engine that figures that out will put Google out of business.
Just create a specific browser that asks if the user wants their data sold with them receiving 10% of the cut, company keeps 40%, and 50% goes to what the user asks. That way the power solely relies on the user.
This existed in 1999, and was called AllAdvantage. It was a search bar that crawled your internet usage and paid you for it.
Brave web browser has something like that: the adblock is top notch, but if you want to you can opt in and receive "BAT" or "basic attention tokens" that you can donate to sites and hold some sort of crypto-value.
I don't like this approach. I understand the thinking, but it's a defeatist attitude.
I think it's a capitalist attitude. Data has value, so we should be able to opt in or not, and if we opt in, we should be able to share in that value.
I understand the argument. But I think it accepts the fact that companies should have access to our data, and by creating another layer of profit on top of the already existing setup just further incentivizes more data collection.
Sort of like sex work, "it's my body, I'll do what I want" even including selling it for profit. Except in this case, the buyers can molest you anytime they want without you being present.
That would be Bing, provided they aren't stupid enough to make this ChatGPT version of their search engine the norm...
I'm hoping for some outsider company.
Well, there WAS Tay.....
google is being sued for the same thing
LATRINA COTHRON
lol, what is it with the jogger fascination of adding 'La' or 'Le' to every name?
it would be interesting to find out what drives that
On the one hand I am glad companies can’t just collect biometric data without consent. On the other, out of all the amorale companies out there, White Castle is getting its shit pushed in instead of Pfizer, Moderna, etc.
You're missing the forest for the tree here man.
I’ve not encountered a biometric fingerprint scanner that actually stores the fingerprint, they usually store a cryptographic hash of the fingerprint that cannot then be used to reconstruct a fingerprint, mostly because computers are good at recognizing patterns, not pictures (hence captchas being used for AI training)— then again, I haven’t worked on one of those systems in well over a decade.
Lol Klaus would like you to apply to his ministry of biometrics
Oh, I’d be great at that job what with burning the place to the ground and destroying offsite backups and all lol.
<3
'destroying offsite backups'
sounds like you don't quite understand how those work, bud. we have this thing called the cloud now. the levels of encryption and redundancy would astound you. this isn't COBOL, gramps.
If I’m lighting the place on fire, I’d be sending gibberish data as backups between quarterly checks, kiddo.
Maybe I'm in the minority here, but I actually like the precedent this can set. Now let's apply this to the covid-related rights violations and let the heads start rolling.
Then go after all the other anti-American BS that corporations have been doing for the past 2 decades.
Aw that's cute you think the law will be applied equally between fingerprint scan and covid 🤭
It won’t and the judges in the majority will vote that pharmaceutical companies have a right to inject their shit in your arm.
Our two-tiered "justice" system doesn't work that way. Or haven't you noticed.
it is a fucking travesty that they got away with mandates
we have a law, HIPAA, which makes it illegal for anyone to force you to give out your medical information
not once did I hear that being invoked against the vaxports
they got around it because HIPAA says no provider or insurer may transmit your health info to a third party without your consent. having you present your info to a second party upon voluntary request doesn't qualify per narrow HIPAA guidelines. i used to work in private LTD & FMLA insurance. HIPAA is very easy to get around and not be 'against the law;' we systematized ways to do it way before COVID. the FDA just used the methods private insurance developed when developing the vax passport program. HIPAA is not nearly as wide a provision as its made out to be. that's why this case is not based on HIPAA grounds but on state law.
We should absolutely be against anyone collecting biometric data.
Only in Illinois.
It's a burger joint. Cows are evil co2 fumigators, so shutdown the castle asshole.
How long will they allow the Arches?
White Castle is family-owned, unlike most fast food places like McDonalds. Probably why it's more of a target.
I doubt the arches serve real meat, so they are allowed.
For real:
Introducing the McPlant, a juicy burger made with a plant-based patty, co-developed with Beyond Meat. It’s sizzled on a flat iron grill, then topped with slivered onions, tangy pickles, crisp shredded lettuce, Roma tomato slices, ketchup, mustard, mayo and a slice of melty American cheese on a toasted sesame seed bun. There are 510 calories in the McPlant. While it's only available in a very limited number of restaurants right now, we'll be sure to let you know if the McPlant becomes more available.*
No word on the McBug
I guess naming it the McFly would get them in copyright trouble.
the lawsuit would as serious as a screen door on a heart attack
isnt putting your fingerprint on a fingerprint scanner consent?
It looks like BIPA says companies can't collect fingerprint data unless they inform the person in writing about what data is being stored, and the purpose and length of time for the data to be stored. And they have to get the person's consent in writing; they're supposed to sign a form before the fingerprint scans start. Apparently (for this plaintiff, at least) White Castle ignored that Illinois law. They got her consent a decade after the law passed, and after she'd already worked for them for years. I'm not a fan of seeing an American business destroyed, but I also don't understand how White Castle allowed this to happen, if I'm reading the articles correctly. It speaks to a complete disrespect for the personal (and unchangeable) info of employees, and I can't ignore that either.
Why was all of that not done in the initial hiring paperwork, or any updates to it that happens every time some new law passes that they have to comply with? This seems like a case of white castle fucking themselves over because they didn't want to just update employment contracts for a fucking decade to make sure their own asses were covered for something as simple as making sure who's clocking in is who's actually clocking in.
that's exactly what it is. corporations cut corners to cut costs and look like they're making more profits. when they do that, shit like this happens. 'shareholder value' and quarterly profits take precedence over quality, safety, security and value in american business. the rich only want the money, and then cry when they get caught glossing the details like this case.
the Corporation is the real enemy of the American people.
Probably because it didn't happen.
maybe she never signed the form, sure.
may still not be personally identifiable
i can go in public and get index finger prints and share them, doesnt mean much
the fast-food chain had "unlawfully collected her biometric data and unlawfully disclosed her data to its third-party vendor" without her consent
you are giving consent for them to use it, not for them to disseminate it
so a random index finger print and an employee id number...is that really personal information if it doesnt have a persons name?
The third party is the time clock vendor. This is a stupid all the way around.
Only if it ain't been chopped off
fingerprint shouldnt even count as biometric data...its like a picture of your face, its not a "measurement"
why would you want to voluntarily give a corporation your fingerprints? i don't understand why you're defending corporations. who the fuck does that without getting paid? you read like an enthusiastic slave, dude.
if they are paying me and they use an index finger print as a quick and unique login, fine
people at gaming cafes use their finger to pull up their account at the front desk
a gaming cafe is also a corporation
may still just be a finger print and an id number, not a name
They could be using a biometric time clock (read finger prints to punch in)
https://patriots.win/p/16aAN80RAv/x/c/4TrGofN36tE
Burgers?
Right, and it totally wasn't her Google/Apple smartphone that was selling her fingerprint data...
Just another attempt to bust open one of the largest privately owned companies and force it into becoming a publicly traded company.
Google sued by Texas attorney general over alleged biometric data violations
I think what’s making this case stand, out is that they (this state) preemptively made this law for just such reasons, and the company then decided to take their chances, I guess.
We would have to pass laws at the federal level for it to be binding whole-cloth to Apple, and even then people have to opt in to Apple services, and so then somewhere in the 30-odd pages of legalize-user-agreements….. sign away the right to make a legal complaint, I’m sure.
laughs in FBI
And that's why I've never used that shit.
better get used to it, it's the wave of the future
don't defend corporations, dude. that's slave shit. get that corporate cock out of your mouth and be a man. don't grovel for the rich for free.
But it is legal for the State to collect your biometric data at the hospital/doctors office and when you get that neat new digital photo for your drivers license/State ID.. They share it with the Federal government and other police department across the country, Insurance companies and banks/credit issuers..
you make a compelling case but you forget ONE thing - it's (D)ifferent
Worked with a superintendent in Michigan who hired like 20 crack heads, paid them prevailing wage, they received 8 dollars an hour while he pocketed 20 an hour from each one. He was super nice and even had a rule that he had to be there when they cashed checks. Nice dude. That’s the kind of people we have in this world, don’t care about humans, just want to get rich doing nothing.
a lot of places do that to people on parole/probation that have to have a job to stay out of prison
Agreed
Sounds to me like he gave 20 people a job. I'm trying to see the downside that you think exists but I just don't.
Because he was a middle manager stealing money from them?
How was he stealing money from them? Sounds like he told them they'd be paid a certain amount, they agreed and were paid that certain amount.
you don't see how exploiting workers while doing no work makes him a vile parasite? he's literally living off other people's work. he's no different than welfare queens.
and you have the gall to defend that? get fucked, you corporate cocksucking shill. you do the rich man's dirty work for free like a slut.
Like I said, he also gave 20 people jobs that they didn't have before. I don't see a problem with people making money however they can in a way where no one is getting hurt. You sound like a commie if I'm being honest.
Spez: Just got done reading your reeeeeing and you are a commie lol
lol see
they are using The Mark of the Beast
do not lock your phone with a fingerprint
if the cops nab you, they can force you to unlock it
they cannot do that if you use a password
the courts have deemed that a fingerprint is who you are but a password is what you know
so only the password is protected under the 5A
Sounds like you need to study your Bible more
filthy rich christians with an army of lawyers yet who can't seem to stay on the right side of the law.
all it takes is bible verses on the side of transfat-laden grade-f sysco deathchow to trick yokels like you into buying it. you eat literal shit because muh Jeezus. you're an easy mark, and you sound fat.
Cockmeat sandwiches are back on the menu
Wendy's had this same issue in Illinois, it was settled for a few million. There's a lot more Wendy's in Illinois than there are White Castles. This $17B headline is way out of touch with actual case law.
https://www.classaction.org/news/illinois-wendys-operator-hit-with-bipa-class-action-over-employee-fingerprint-scans
Name, hah, gold!!
that was one Wendy's
we are talking about all of the employees at all of the White Castles
Illinois has surprisingly strong protections against collecting biometric data. As a result, there have been successful class action lawsuits filed against Facebook and Snapchat
Is White Castle owned by leftists?
No, but the people who work there are too stupid to remember their employee ID to access the cash register.
I couldn’t imagine hiring a dindu. What a liability.
Yup. Would come up with literally any excuse in the book to toss the application in the trash.
I bet the woman sueing is a dindu
You’re correct. Her name is Latrina Cothron.
LOL...they named her after the bathroom.
I knew one named LaSpecial. Blacks really don't want their children to succeed. If I was a dindu I would legally change my name to Mary or Elizabeth or something that didn't obviously call me out on a job application as being ghetto.
I couldn’t make it up if I tried.
But yes, yes they did.
Latrine?
Lol look at the down voting dindu
Could be they are trying to prevent employees who get someone else's code from logging onto the register and swiping cash?? Having both a code and face/finger print to get access would solve this..
Yeah. Or ringing up on someone else’s number and pocketing the cash
That has always been a problem with kids working and having all that money pass in front of them while they get so little in their pay.. Ordering and prepaying from a kiosk terminal is a solution McDs is now using for loss prevention..
Same with a few other places. Dunkin Doughnuts' near me is installing them and cutting back on the number of people running the front registers. Apparently that's happening in other stores and they're eventually just going to phase out the front register for anything that doesn't explicitly need a person, like gift card purchases or if it's a combo baskin robins for cake orders and such.
Just the government gathering more data via private business's means.
Nothing special.
How is the government getting the data? I only read half the article. Did it say the government gets the data?
Well it's surely going to get the fines. It's also not clear who the 3rd parties are in this case, though probably not government?
Third party is the cash register company
Is anyone really surprised at this point that not only our government but other governments are buying and trading our data? There’re one of the biggest buyers at the auction. Also, White Castle is pure ass 🤢🤮
no because then it would Castle of Color
Lol, that’s a good one MM.
i don't think the freaks who think property should be 'abolished' are that into ownership or running a business or working my dude
Processed carbohydrates with a side of grease. Yum.
how DARE you ignore the bed of onions.
Explosive diarrhea.
My sincerest apologies sir, you are right. I knew I remembered tasting something, it must have been the onion.
you just described Stacey Adams
And now, I must vomit.
Do these burgers contain seed oils?
Not as much as has taken over your brain.
best after drinking food next to Waffle House
Plus you get to fight black people while you eat!
(Angry gorilla noises) 🦍
The biggest problem is they're likely not actually storing the fingerprint. They're storing a hash value seeded by the fingerprint itself. But it won't be worth it to actually explain that to a jury. They'll just most likely settle because what are the odds a hash can be explained to a jury.
IMO, there is a lot wrong with this lawsuit, but this isn't it.
Storing a hashed version of something is still storing that thing. It's materially the same in this context.
The only way that it being a hashed version of the fingerprint would be relevant was if the law was intended to prevent impersonation or identity theft. Which, perhaps to some degree it is, but I believe the law is primarily intended to prevent tracking without informed consent.
That is: with a hash version, you cannot recreate the fingerprint and use it to pretend to be that person. But you can take any given fingerprint and tell if it's their fingerprint or not. The latter being what I believe the law is intended to protect against, not so much the former.
But the only way to tell if it is their fingerprint is take a new record of her finger print and run it through the same system, right?
Well, yea, but that's how all fingerprint identification works. Even if it wasn't hashed and the fingerprint data was stored explicitly, the only way to tell if a fingerprint is that person's fingerprint is to take a record of that fingerprint, then compare it via the same system.
You don't need a physical finger present to do this verification, if that's what you're asking. They can take the "new record" from a fingerprint they got via dusting or whatever.
They can tell if any given fingerprint is that person's fingerprint, but they cannot say what her fingerprint looks like (unless they find a fingerprint that matches).
It's the same as your password. A website can't tell what your password is based on the hashed version they stored, but they can tell that the password you enter matches.
Thanks for the info. Maybe my confusion is simply how could you not confirm you're entering your biometric data into a system if you're plugging in your fingerprint to be collected and checked and then sue for them collecting your biometric data.
As I understand it, the laws are pretty strict and require very specific verbiage and written consent for you to be able to collect biometric data.
Which is pretty much a fine law.
And White Castle did genuinely fuck up.
However, they fucked up once in regards to this person's data. These courts are saying that they fucked up every single time she clocked in and out, which is bullshit. They deserve to lose in court and pay this person (maybe even all of their employees in the state of Illinois), but they shouldn't pay this person for every single time she clocked in and out.
There should also be some degree of leniency since it was a clear, genuine fuck up, not nefarious data collection or whatever. They should still have to pay since they made a mistake, but it should be reasonable.
if someone is buying the data it must be usable
Fair, nevermind then.
If it is required for employment and you don't like it you can go find a different job.. Many companies are now requiring face and finger prints to get access to computers and files..
It's still wrong, and I definitely encourage fighting back against it.
Why is it "wrong?" Companies have to secure their systems because of data theft. If you don't like it work in a different sector, but what would you have them do to secure sensitive data? That said there absolutely has to be a signed consent.
The same logic can be used to justify microchips.
It's wrong. There are ways to secure systems from data theft without biometrics. Passwords have worked for decades. If you're worried about social engineering attacks for your less-than-intelligent employees, then you set up 2FA with a physical device. This is damn near the same as biometric 2FA, you just use a card instead of your finger.
The difference in security between a key card/flash drive and a finger is incredibly small, and not worth mentioning in the vast majority of applications. And even these applications usually have greater vulnerabilities to consider first (it's like putting in a third deadbolt on your door, when you have glass windows).
Biometrics don't make data more secure - almost all breaches begin with either insider attacks or insider-aided attacks (albeit unwittingly).
they made need the data for internal use but they should not be selling it to third parties or giving it to the gubmint
there you are with that corporate cock in your mouth again. fuck off, ronald mcdonald motherfucker.
White Castle is disgusting. Post-alcohol binge food, only.
That's right! I haven't been to a ff joint in over 3 years. Instead of buying garbage (and making woke companies even richer) I treat myself and the Mrs to juicy ribeye steaks, wild caught salmon, and pasture raised eggs. Real food comes from the grocery store, not a drive thru window. Another benefit of cooking our own food at home, is we don't get caught up in chimp fights, because they didn't get enough fries.
I mean yeah all fast food is pretty bad but White Castle stands alone as the worst of the bad. Makes a Wendy’s burger look like health food.
I cannot imagine how thin the "patty" has gotten in a Bidenflated world.
It was already like a mm thick back in 2005.
It has to be like the diameter of a human hair at this point.
My state takes fingerprint, photo and iris scan for drivers license.
They never asked anything about "consent."
it is probably covered under a law somewhere
If it takes destroying a beloved institution or two to get it through the thick heads of corporate America that their employees are not chattel than I'm all for it.
Good thing they are automating the whole process so all they need is one engineer on staff to keep shit running. Creates more jobs for middle class. Minimum wage employees are not worth it. All they do is figure out how to steal and then not show up.
23 and Me is probably giving genetic data to moderna to make disease, but let's crack down on white castle for fingerprint clock ins.
Road trip Gut Bombs!
Here. In case you don't want to turn off your adblocker or don't want to give Fox the traffic:
https://archive.is/JSO7j
Remember when we used to do business on paper?
Decision was 4-3 to allow each scan of biometric data as a new claim rather than a single claim for the first violation.
Judgement opinion: Justices Rochford (D), Neville (D), Cunningham (D), and O'Brien (D)
Dissent: Justices Overstreet (R), Theis (D, Chief Justice), and Holder White (R)
For all those interested, here is the written decision:
https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/e304b011-82d9-4832-9cae-d8205749a2ec/Cothron%20v.%20White%20Castle%20System,%20Inc.,%202023%20IL%20128004.pdf
2 wrongs don't make a right.
The bio data for clocking/PC access should be option, (informed.consent) to access then should not be shared. I was not clear whether WC shared, or just collected without consent.
Regardless class action is a lawyers wet dream, and the stupid law had set at such a low bar that any biometric clocking is either illegal, or requires special paper work and exceptions and alternatives for dissenting employees.
Should exempt encrypted (and still not shared) security logging that are purged on end of employment.
After all, your face and voice are "biometric". So when you show up, and your "boss" sees you show up to work, they are using their brain's biometric record of what you look and sound like to ID.you. they are collecting it in their head. But to share it, they have to paint a portrait or take a picture. I get the share part, not the collectnpart of the law.
If they use KRONOS, it's probably shared between stores.
You make a good point. But a better point is security cameras. By making a law that forbids any biometric data being stored without explicit consent, then all security cameras that happen to see your face (or, technically, anything about you), would be illegal without explicit consent.
Methinks with the current way the law is interpreted, if an employer took the security footage, and processed it to record specific features about a person's face, courts would find that employer guilty. But if they just have the security footage and don't process it that way, they wouldn't be. Even though they aren't actually recording any additional data, they're just using the data they already have. It's all so stupid.
the fast-food chain had "unlawfully collected her biometric data and unlawfully disclosed her data to its third-party vendor" without her consent
Close all Illinois locations. Don’t ever come back. Don’t pay the fines.
And someone needs to put the bitch behind the lawsuit 6 feet under because she is a cancer to existence in Minecraft. I assume without research she’s a jogger.
Ironically, White Castle is one of the few companies that directly own all their stores.
her name is Latrina
what does that tell you?
Shut Illinois stores down and open a location in Ohio near me. The closes one is 50 miles away
Heh... This is that theoretical question in real life: what if a local government somewhere in the USA passes a law that allows everyone and anyone to sue every single company in the world into oblivion. The first local government to do this has the opportunity to transfer the entire world's wealth to the pockets of their own constituents and end big company commerce everywhere.
The only other option would be White Castle and every other business to ignore the court and shut down all operations in the courts jurisdiction.
SCOTUS would knock that down faster than old lady standing on a freeway
How is it not "informed consent"? If she willingly did it for years then she gave her consent by doing it. They didn't trick her into it lol.
she did not give consent for them to sell it
I've worked in places that use the same labor pool as a lot of places like White Castle. A lot of places are going to that because people will either not show up but be clocked in and get paid or will rack up OT without actually working it. For cash drawers I can easily see theft as an issue. Biometric ID sucks and it's intrusive but I can see why they do it.
But if White Castle did not comply with IL labor law then that's on them.
remember when people clocked in and out using literal time cards?
why fucking make it more difficult.
yeah and people used to time other employees in and out as a favor for like when someone was late or left early
they were used to steal from the company
Now do Walmart.
I guess i'll need to keep making my sliders at home. 🤣
This law might seem good on the surface, but it's not designed for the purpose it seems it's designed for. It's partially designed to allow criminals to get away with crimes, by making sure there is no biometric data identifying them. Same reason why they made masks standard after the 2 years of "mostly peaceful" rioting. The initial excuse was a pandemic, but the reality was they needed to give thugs a cover to not look suspicious for covering their faces with masks. Now they want to make sure that even if a thug doesn't bother to cover their face, they still can't be caught.
And the other part of it is the state is broke AF. So they created the law so they can sue anyone and everyone in huge class action lawsuits, which is ultimately designed to bring more money into the state. They don't give a shit about the actual consequences of bio metric data being captured and sold. And you can tell, because they haven't gone after anyone who traffics in receiving this bio metric data, only those who capture it.
Probably the worst part about this law is that it won't actually stop employers from collecting and storing indefinitely biometric data.
All it will do is add yet another piece of paper to your new-hire paperwork, that you're expected to sign, and if you don't sign it, you won't have a job.
The contract will say any/all biometric data, when all they really use is your fingerprint. But you'll be forced to sign away everything because of this law, because it'll be the standard paperwork.
It's not much different than the "accept all cookies" bullshit. Nobody reads it. It's just a nuisance that people click through as fast as possible. They could throw in anything they want to that agreement. Bureaucratic bullshit.
have you never heard of the Fifth Amendment?
Bet she still uses facebook though.
If that's what they did for not giving informed consent for a fingerprint imagine what Pfizer is gonna get as a fine.
Nope. Pfizer has total immunity from lawsuits under the PREP act. Millions die, oh wells, they were given a pass to do anything they want with no accountability at all.
While I agree we need laws for biometric data but if they win this case all it will achieve is that white castle will just file for bankruptcy and close down without anyone getting a single cent.
they will just file and remain in operation
the bankruptcy court will control the pay out
the plaintiffs will be put in line with the other creditors so it will take a long time to get paid
who works for White Castle for 'multiple years'?
oh
Once the consent law was enacted, WC could have merely required employees to sign or click a consent page/paper. Hell, add an extra click to the time clock and request consent every damn shift. IDK how I feel about the repeating fines.