Illinois Supreme Court finds health care workers exempt from biometric privacy protections

SPRINGFIELD, Ill. (WAND) — The Illinois Supreme Court unanimously ruled Thursday that health care workers are exempt from a state law protecting biometric information like fingerprints. This ruling is seen as a victory for hospitals but a concerning loss for nurses, doctors and other staff.

Two nurses from the Chicagoland area believe their hospitals violated the state's biometric information privacy law. Northwestern and UChicago Medicine require employees to use fingerprint scanners to open medicine cabinets. Although, both nurses said their employers never asked them to sign off on using the fingerprints and failed to explain how their prints would be stored or deleted.

"HIPAA has nothing to do with worker data," said attorney Jim Zouras. "HIPAA has nothing to do with the rights of employees or the duties of employers."

Attorneys representing the hospitals and medical technology business Becton, Dickinson and Co. told Illinois Supreme Court justices in September that there is an exemption in the law for health care treatment, payment or operations under HIPAA.

"Healthcare providers' use of automated dispensing cabinets to access medications and medical supplies to treat patients is unquestionably healthcare treatment under HIPAA," said attorney Bonnie DelGobbo. "As such, it falls squarely within this exclusion that the legislature has drafted for us."

While the Supreme Court agreed unanimously that the law exempts health care workers, attorneys for the nurses warned that this interpretation of the law will leave workers without any biometric protection.

"If the defendant is correct, that means the General Assembly decided that as much as 10% of the Illinois workforce should have no biometric privacy protection whatsoever simply by virtue of working in the health care field," Zouras stressed.

Sill, lawyers for Becton, Dickinson and Co. said biometrics are industry standard. Attorney Matt Wolfe explained the technology has become widely used in health care over the past 15 years.

"It's about the use of automated dispensing cabinets to check patients records, administer medication, and track the administration of medications," Wolfe said.

The Illinois Health and Hospital Association and Illinois Chamber of Commerce support the exclusion of health care workers from BIPA protections.

Supreme Court justices sent the case back to the circuit court for future arguments.