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McDonald v. Symphony Bronzeville Park, LLC

McDonald v. Symphony Bronzeville Park, LLC

Supreme Court of Illinois

February 3, 2022, Opinion Filed

(Docket No. 126511)

Opinion

 [*P1]  The instant action involves an interlocutory appeal pursuant to Illinois Supreme Court Rule 308 (eff. July 1, 2017), wherein we consider the following certified question: "Doll the exclusivity provisions of the Workers' Compensation Act [(Compensation Act) (820 ILCS 305/1 et seq. (West 2016))] bar a claim for statutory damages under [the Biometric Information Privacy Act (Privacy Act) (740 ILCS 14/1 et seq. (West 2016))] where an employer is alleged to have violated an employee's statutory privacy rights under [the Privacy Act]?" The appellate court allowed defendant's Rule 308 appeal (Ill. S. Ct. R. 308 (eff. July 1, 2017)) and answered the certified question in the negative. 2020 IL App (1st) 192398, 447 Ill. Dec. 561, 174 N.E.3d 578. This court allowed Bronzeville's petition for leave to appeal (Ill. S. Ct. R. 315 (eff. Oct. 1, 2020)), and for the following reasons, also answers the certified question in the negative.

 [*P2]  I. BACKGROUND

 [*P3]  On August 17, 2017, Marquita McDonald filed a putative class action against the defendant, Symphony Bronzeville Park, LLC (Bronzeville), alleging that Bronzeville's collection, use, and [**2]  storage of McDonald's and the putative class's sensitive biometric data pursuant to a fingerprint timekeeping system violates the Privacy Act.1 In April 2019, McDonald filed a first-amended complaint, wherein she, inter alia, added as defendants two related entities, Symcare Healthcare LLC and Symcare HMG LLC; withdrew a common-law negligence claim; and removed allegations that she suffered mental anguish as a result of the Privacy Act violations, stating that the allegations of mental anguish were "unnecessary to her recovery on her [Privacy Act] claim."

 [*P4]  According to the amended complaint, Symcare Healthcare LLC owns a network of post-acute-care facilities, including Bronzeville's location, which provide patients with a variety of services, from rehabilitative to palliative care, typically after they have undergone major medical procedures. Pursuant to the allegations specific to her, McDonald alleged that she was employed by Bronzeville from December 2016 to February 2017 and that Bronzeville utilized a biometric information system, which required her to scan her fingerprint, as a means of authenticating employees and tracking their time. McDonald alleged that she was never provided with nor signed a release consenting [**3]  to storage of her biometric information and had never been informed of the purposes or length of time for which her biometric information was being stored.

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2022 IL 126511 *; 2022 Ill. LEXIS 194 **

MARQUITA McDONALD, Appellee, v. SYMPHONY BRONZEVILLE PARK, LLC, et al. (Symphony Bronzeville Park, LLC, Appellant).

Prior History: McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398, 2020 Ill. App. LEXIS 627, 447 Ill. Dec. 561, 174 N.E.3d 578 (Sept. 18, 2020)

Disposition: Judgments affirmed.

CORE TERMS

Compensation Act, biometric, injuries, identifiers, exclusivity provision, circuit court, provisions, workers' compensation, appellate court, collected, damages, course of employment, private entity, Privacy, certified question, workplace, right to privacy, violations, stored, occupational disease, liquidated damages, type of injury, employees, financial protection, written release, putative class, allegations, purview, argues, workmen's compensation

Administrative Law, Enforcement, Remedies, Damages, Labor & Employment Law, Employee Privacy, Constitutional Protections, Civil Procedure, Appeals, Appellate Jurisdiction, Certified Questions, Standards of Review, De Novo Review, Interlocutory Orders, Questions of Fact & Law, Governments, Legislation, Interpretation, Business & Corporate Compliance, Computer & Internet Law, Privacy & Security, State Regulation, Evidence, Scientific Evidence, Crime Scenes, Fingerprints & Footprints, Costs, Costs Recoverable, Witnesses, Statutory Remedies & Rights, Workers' Compensation & SSDI, Exclusivity, Exceptions, Remedies Under Other Laws, Common Law, Police Powers, Workers' Compensation & SSDI, Employees & Employers, Benefit Determinations, Death Benefits, Compensability, Injuries, Psychological Injuries