In a world where technology is advancing at an unprecedented rate, the ethical and legal implications of biometric data collection are becoming increasingly important. A recent lawsuit filed against a Chicago law firm, Mandell Menkes, brings these concerns to the forefront. The firm is accused of violating Illinois' Biometric Information Privacy Act (BIPA) by allegedly scanning and storing the fingerprints of a former legal secretary, Nancy Gagen.

Nancy Gagen, who worked at Mandell Menkes from 2006 to 2019, filed a complaint on August 18, 2023, in the Cook County Circuit Court. She alleges that the firm unlawfully collected, used, and stored her "personal biometric identifiers and biometric information" without her consent. According to Gagen, the firm installed a Fingertec Biometric device in 2015 and required her to scan her right index finger at the beginning and end of each workday, as well as during her lunch breaks.

The Biometric Information Privacy Act (BIPA) was enacted in Illinois in 2008 to regulate the collection and storage of biometric data. The law mandates that companies must inform individuals why and for how long their biometric data will be stored. Gagen claims that Mandell Menkes failed to provide this information and never obtained her written consent for the data collection.

The lawsuit emphasizes that this is Gagen's "one and only chance" to seek compensation for the alleged violations. The complaint also warns about the potential future risks of losing control over personal biometric data, stating that the "full ramifications of biometric technology are not fully known."

Gagen is seeking statutory damages, and as of now, neither the counsel for Gagen nor Mandell Menkes have responded to requests for comment.