Democratic leaders poised to revisit Biometric Information Privacy Act after court rulings
By HANNAH MEISEL
Capitol News Illinois
hmeisel@capitolnewsillinois.com
Nearly a year ago, the Illinois Supreme Court asked the General Assembly to clarify a 15-year-old law that’s led to hundreds of lawsuits and several high-dollar settlements with companies alleged to have illegally collected Illinoisans’ biometric data.
Now, Democratic leaders in the legislature appear ready to revive talks to reform the state’s Biometric Information Privacy Act, or BIPA, after business groups poured cold water on the majority party’s ideas last spring.
Read more: Stalled bills include repeal of subminimum wage for disabled workers, BIPA reform
State Sen. Bill Cunningham, D-Chicago, a high-ranking member of the Senate, said the proposal he filed this week strikes a balance between business groups’ concerns over the law and its original intent.
“We think that the security restrictions embedded in (the law) are very important and we want to keep them in place, but we do want to address the way liability accrues so that businesses are not unfairly punished for technical violations of the act,” he said.
Read more: Court rulings supercharge Illinois’ strongest-in-nation biometric privacy law
The law has made Illinois the only state that grants residents a private right to sue over businesses’ improper collection and mishandling of biometric data – whether they are an employee or a customer. A business can violate BIPA by not getting written consent from customers or employees for the data being collected, not having a storage policy in place or not properly protecting the data.
When BIPA became law in 2008, it was a novel concept meant to guard against technologies that, at the time, were still mostly the stuff of science fiction.
But as more and more companies began using technology like fingerprint and facial scans to identify customers and workers, it’s been the basis of hundreds of lawsuits across the state.
Upwards of 2,000 suits have been filed under BIPA since roughly 2018, resulting in a few high-profile settlements – including a $650 million class-action payout from Facebook in 2020. The social media giant paid more than 1 million Illinoisans roughly $400 each.
Read more: State high court finds medical personnel exemption to biometric information privacy law
Business groups have been pushing for changes to the law for several years, arguing that companies don’t store actual biometric data, but rather convert it to a string of numbers that would be all but impossible to link back to a specific fingerprint or facial scan.
But industry groups’ worries were amplified last winter after the state’s high court issued a pair of rulings that strengthened the law. First, the court ruled unanimously that BIPA had a five-year statute of limitations – not the one-year limit sought by business groups.
Read more: Illinois’ biometric privacy law strengthened by latest high court ruling
Two weeks later, the court ruled 4-3 that each time a company improperly collected biometric data markers amounts to a separate violation of the law. In that case, fast food chain White Castle estimated it would be on the hook for up to $17 billion in penalties as the law provides for $1,000 in damages for “negligent” violations or $5,000 for “reckless” or “intentional” violations.
Cunningham’s Senate Bill 2979 would change BIPA’s violation accrual so that each initial collection of a fingerprint or other biometric data would amount to one violation, rather than a violation occurring for each individual scan. Employees might scan their fingerprints dozens of times per shift if they’re unlocking doors or cabinets with those scans.
The senator said that under his proposal, some “back-of-the-envelope math” indicates the change would dramatically reduce White Castle’s estimated $17 billion penalty down to anywhere between $10 million and $50 million.
“Some would call (the current understanding of violation accrual) annihilative liability,” Cunningham said. “It would essentially annihilate the business. It would cease to exist.”
In the White Castle decision last February, the majority was clear that it wasn’t ruling on the question of damages specifically, which means the legal question of how damages can accrue under BIPA is still unsettled. And while most BIPA cases are settled before ever going to trial, critics say the threat of high-dollar damages translates to similarly expensive settlements.
But the court did “respectfully suggest” the General Assembly review BIPA “and make clear its intent regarding the assessment of damages under the Act.”
Cunningham said his proposal answers that call. Business groups pushed back against a previous fix the senator floated last spring, which would have addressed the violation accrual issue but increased the damages for negligent violations from $1,000 to $1,500. He said he heard the business groups’ concerns, leading him to drop that part of his proposal.
“We appreciate Sen. Cunningham’s leadership and look forward to working with him on this important issue,” the business group coalition said in a statement.
State Rep. Ann Williams, D-Chicago, a key backer of BIPA, also supports Cunningham’s proposal. She’d previously been noncommittal to changing the law in the wake of the state high court’s rulings but said she’d pre-filed to be the measure’s House sponsor this year should it pass the Senate.
She said she’d like to see a solution that makes it easy for employers to follow the law while still protecting people’s data privacy.
“My main concern is to ensure that we keep the basic premise of the law intact,” Williams said. “I have no problem reassessing the damage structure to make it more palatable for businesses to comply.”
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
Local News
Fire knocks out Orland’s UFC Gym
Spread the loveFrom staff reports A fire last Thursday afternoon practically destroyed an Orland Park gym and knocked out neighboring businesses, as well. Orland Park firefighters received a call at 2:31 p.m. June 20 for a reported fire in the UFC Gym located at 66 Orland Square Drive Unit C. Multiple 911 calls were received for a…
Chicago Ridge Fire Chief Bonnar retires
Spread the loveStarted his 50-year career as Orland Park cadet By Dermot Connolly Chicago Ridge Fire Chief William Bonnar officially announced his retirement from a nearly 50-year career at the June 18 Village Board meeting. Mayor Jack Lind made the announcement “with great regret,” joking that “he doesn’t have the age to retire but he…
Stagg tabs Allee Hernandez to guide girls hoops
Spread the loveBy Randy Whalen Correspondent Allee Hernandez has accrued many years of basketball experience as a player and as an assistant coach. She will soon embark on a new experience as a head coach at Stagg, where she will be the Chargers first new head coach in 16 seasons. She succeeds Bill Turner, who…
Shepard’s yearbook wins national recognition
Spread the loveBy Kelly White Shepard High School students have worked tirelessly to create a yearbook for this academic year that was nationally recognized. The high school, 13049 S. Ridgeland Ave. in Palos Heights, was chosen as a Yearbook Excellence Contest recipient from Walsworth Publishing Company, a family-owned printing company based out of Marceline, Missouri.…
Hickory Hills man charged in grandfather’s murder
Spread the loveBy Nuha Abdessalam A 32-year-old Hickory Hills man has been charged with first-degree murder in the June 21 death of his 90-year-old grandfather. Dean J. Faulk was charged on June 22 with the June 21 murder of Dean L. Faulk. Police said they responded to a call at 9:45 a.m. June 21 at…
Orland Park Public Library kicks off summer
Spread the loveBy Kelly White Summer is nearly here and the Orland Park Public Library is ready for it. On June 8, the library, 14921 S. Ravinia Ave., hosted its second annual Summer Reading Challenge Kick-Off event themed, Read, Renew, Repeat. “There are multiple interpretations to this theme,” Jackie Boyd, Communications Manager at the Orland…
llinois VFW names Porfirio Senator of the Year
Spread the loveIllinois Veterans of Foreign Wars recently selected state Senator Mike Porfirio as the Senator of the Year. “I’m deeply honored to receive this prestigious award from the Illinois VFW,” said Porfirio (D-Lyons Township). “I am committed to ensuring our veterans receive the protections, care and dignity they deserve. This recognition is a testament…
Niego Real Estate salutes America again
Spread the love. Popular flag program underway . By Tim Hadac Clearing and Garfield Ridge residents who want to decorate their blocks in red, white and blue this Independence Day are encouraged to contact Niego Real Estate and reserve a supply of U.S. flags at no charge. The popular program to promote patriotism and community…
Lyons Mental Health Commission pulls LeaderShop funding
Spread the loveExecutive director accused of harassment From staff reports The local nonprofit service community was jolted when nearly $300,000 in mental health funds was withdrawn by a Lyons Township agency from the Western Springs LeaderShop, a social service agency that has provided youth programs for nearly 40 years. The Lyons Township Mental Health Commission…
Neighbors
Argo Wrestling busy over winter break
Spread the loveBy Carol McGowan While many students enjoyed time off during the school’s winter break, Argo wrestlers were hard at work competing in an all level tri meet. They beat both DeLaSalle High School and Riverside-Brookfield teams and it came down to the last match to decide the winner. The Argonauts battled to the…
Argo Alumni Night returns
Spread the loveBy Carol McGowan The tradition of Alumni Night at Argo Community High School returns on Friday, January 14. The Alumni Dinner, at which the school provides a free buffet dinner to alumni, will take place from 5-8 p.m. in the Bulow Auditorium. Many of all ages have gathered in the past for great…
Palos 118 hosting Community Feedback Forums Monday, Tuesday
Spread the lovePalos School District 118 will host a series of community forums for the public on Monday and Tuesday, January 10 and 11, as part of its first phase of strategic planning. The Palos 118 school board is engaging the entire school community in discussions that will lead to identifying the attributes and skills…
Bobby Rush to retire after 15 terms
Spread the loveFrom staff reports U.S. Rep. Bobby Rush, the state’s longest serving member of Congress, announced Tuesday he would not seek re-election this year, stepping down after almost 30 years of representing Chicago’s South Side and southwest suburbs. Rush, 75, formally announced that he will not run for a 16th term in Congress, but…
Stagg health team earns fourth straight Blue Ribbon award
Spread the loveBy Jeff Vorva District 230 Supt. Robert Nolting likened the Stagg Health Education department to the New England Patriots. For the fourth straight year, Stagg won the Blue Ribbon Award for Excellence in Education from the Illinois Association for Health, Physical Education, Recreation and Dance. Staff members said Stagg was the first school…
Boys Basketball: Highs and lows for Oak Lawn
Spread the loveBy Steve Millar Correspondent During a week that Oak Lawn coach Jason Rhodes knew would present a huge challenge for his team, the Spartans started with a big win over a top South Suburban Conference contender. Then the league’s greatest perennial power provided proof that Oak Lawn still has a lot of work…
Palos Heights: Business owners must choose whether to comply with mandates
Spread the loveBy Jeff Vorva Palos Heights is not cracking down on businesses that violate Cook County COVID-19 mandates regarding proof of vaccinations. But the city will help if asked. Among the mandates, which started Monday, businesses including restaurants and gyms must have patrons show proof of vaccinations, which is a controversial topic for some.…