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January 20, 2021 On Tuesday, Judge Virginia Kendall of the Northern District of Illinois partially granted a motion by plaintiff Mary Crumpton and a proposed class to strike affirmative defenses raised by Octapharma Plasma Inc. after Crumpton alleged that the defendant violated the Illinois Biometric Information Privacy Act (BIPA) through its use of a plasma donor identification system housing donors’ fingerprints and biometric data without prior “proper written consent” and “required disclosures.”
According to the opinion, Octapharma is a chain plasma donation company with centers across the United States. The company requires donors to scan their fingerprint before donating plasma for the first time and each subsequent time they donate so the company can create a “biometric template” that is unique to each donor, which includes a donation history record, blood testing and health screening results, and interviews and questionnaires.