Illinois’ biometric privacy law strengthened by latest high court ruling
By HANNAH MEISEL
Capitol News Illinois
hmeisel@capitolnewsillinois.com
SPRINGFIELD – People who’ve been subject to fingerprinting, face or retinal scans as either employees or customers of Illinois companies have five years to file lawsuits if they believe the business violated a stringent state privacy law, the Illinois Supreme Court ruled this week.
It’s the latest in a handful of cases that have reached Illinois’ high court in recent years, all refining the state’s Biometric Information Privacy Act. Also known as BIPA, the first-of-its-kind law has, since 2008, made Illinois the only state that grants a private right of action to sue over the improper collection and mishandling of biometric data.
The justices on Thursday ruled BIPA has an unequivocal five-year statute of limitations on all claims under the law – not a one-year window as employers and business groups had hoped for.
In this case, logistics company Black Horse Carriers Inc., which has since been acquired by trucking giant Penske, faced a class action lawsuit. A former employee initiated the suit, alleging the company violated BIPA by requiring time clock fingerprint authentication without maintaining a publicly available policy on how the company would treat employees’ biometric data.
The suit also claimed Black Horse failed to provide notice to employees that the timeclock was collecting their fingerprints, and didn’t explicitly get employees’ consent. The company argued the court should’ve applied the one-year statute of limitations under Illinois’ Right of Publicity Act. But the court unanimously disagreed.
In issuing a blanket five-year statute of limitations for all BIPA claims, the 5-0 majority of the court emphasized that “the full ramifications of the harms associated with biometric technology is unknown.” Without the law, the court wrote, individuals whose biometric data was improperly collected or disseminated might never even know it – at least until they felt the consequences.
“We find that a longer limitations period would comport with the public welfare and safety aims of the General Assembly by allowing an aggrieved party sufficient time to discover the violation and take action,” the court ruled.
Danielle Kays, an attorney with Chicago-based firm Seyfarth Shaw LLP with experience in cases involving biometric information, said employers like her clients were already working under the assumption that a five-year statute of limitations was likely to prevail. But this week’s ruling, she said, provides more clarity in a law that’s still taking shape in a sea of legal challenges.
Nearly 1.5 million Illinoisans were eligible for their share of a $650 million class action settlement with Facebook under BIPA in 2020, a five-year case that was one of the first among thousands of suits filed under the law, with the trend really taking off around 2018, Kays said.
She said she advises clients to stay on top of compliance that may evolve with each major decision, including this week’s, which solidifies a five-year statute of limitations.
“Many cases have been stayed waiting for those decisions,” Kays said. “So there are many factual and legal defenses that have not been litigated still.”
Thursday’s opinion was another legal victory for proponents of BIPA – especially a handful of law firms specializing in filing class action cases over biometric data. Those attorneys have made the same basic argument in thousands of lawsuits over the last several years: if someone’s identity is stolen, they can obtain a new social security number. But if their biometric data is stolen, it’s impossible to get a new fingerprint or face.
So far, Illinois’ high court has agreed – as did a federal jury in October, granting $228 million in damages in a class action BIPA case against BNSF Railways, the first jury test of the law.
The Black Horse Carriers case was argued in front of the court in September, but Kays and other attorneys involved in BIPA litigation are waiting on an even more consequential decision in a class action suit against fast food chain White Castle.
In that case, the court is being asked to decide whether each time an employee clocks in and out using his or her fingerprint constitutes a separate violation of BIPA. Such a ruling could prove extremely costly to employers, as damages under the law start at $1,000 for negligent violations and $5,000 for violations deemed “reckless.”
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Experienced bakers buy The Great American Bagel in Palos Heights
Spread the loveNew owners nearly double the menu for breakfast, lunch By Cosmo Hadac When The Great American Bagel’s shop in Palos Heights changed hands late last year, the new owners who walked in the door weren’t exactly new. Manny Rios Sr. and his wife, Silvia, have nearly 50 years of combined experience in…
New owner will keep Palmer Place name and burgers Copy
Spread the loveBy Steve Metsch Palmer Place Restaurant and Biergarten, a mainstay in downtown La Grange for nearly 40 years, will soon have new owners. But not much else will change. The name on 56 S. La Grange Road will still read Palmer Place. The employees now there will still have their jobs. And the…
Palos Park could be making its decision on gaming on Monday
Spread the loveBy Jeff Vorva Will Palos Park make its decision on bringing in gaming machines to the village on Monday? The world will have to wait until Monday to find out. The village council will meet for the first time in 2022 on Monday after its Jan. 10 meeting was cancelled because of a…
Pekau takes Rubin and Foxx to task over mandate punishments
Spread the loveBy Jeff Vorva Orland Park has Cook’s County’s attention. The village’s decision to vote against enforcing Cook County COVID-19 mandates at a special meeting Dec. 28 has been a hot topic. The village’s position is that businesses need not require proof of vaccination for patrons to enter. Some businesses are taking the board…
‘These bruises won’t heal’
Spread the loveCPS kids back in school, but bitterness remains By Tim Hadac Teachers who walked off the job in the new year returned last week after the Chicago Teachers Union rank and file voted to accept Mayor Lori Lightfoot’s offer of increased safety measures at schools. But it was a divided vote, with just…
Smooch from a pooch
Spread the loveMutts of the Midway volunteer John Shaker smiles as he gets a smooch from Burt, a 5-year-old American Pit Bull/Boston Terrier mix. Shaker works as a transporter, driving dogs to and from veterinarian appointments. The 37-pound Burt was rescued by the non-profit Mutts of the Midway from a shelter in Texas. For several…
Here’s a sure sign of spring
Spread the loveBy Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • joan.hadac@gmail.com Hi everyone. How have you been surviving January? This is one month I always hope flies by. If the sun is out, the temperatures are, or feel like they are in the subzero range. If it’s cloudy, which is most…
Justice swears in new police officer
Spread the loveBy Carol McGowan The Justice Village Board approved the recommendation of the Justice Fire and Police Commission to hire Police Officer Kady Sassenger at its January 10 meeting. Her move from the Coal City Police Department to Justice is considered a lateral move, which means the officer transfers from one department to another…
Medeisis promoted to fire battalion chief in Bridgeview
Spread the loveBy Steve Metsch The Bridgeview Fire Department has a new battalion chief. Michael Medeisis, 55, was promoted from the rank of lieutenant at the Jan. 5 meeting of the Bridgeview Village Board. “Hey, hot diggity dog, we’ve got a great guy (promoted),” village Trustee Michael Pticek said. Trustee James Cecott said the promotion…
Neighbors
Man charged with child abduction in Stickney Township
Spread the loveFrom staff reports A Chicago man was charged last week with child abduction and luring of a minor after Cook County Sheriff’s Police detectives found he attempted to lure a minor into his vehicle, said Cook County Sheriff Thomas J. Dart. According to police, about 4:43 p.m. on Monday, April 22, officers responded…
Worth Library celebrates 60th anniversary
Spread the loveBy Kelly White The Worth Public Library has been around for decades. Resting in the heart of the village at 6917 W. 111th St., the library held an event focusing on its rich background story on April 23 with a historical photo exhibit. “It’s amazing because this library is still so important to…
Rose Zubik, Woman’s Club veteran, installed as 3rd District president
Spread the love Rose Zubik, of Palos Heights, the new president of the 3rd District General Federation of Women’s Clubs-Illinois, lights a candle during the installation ceremony held April 27 at Fox’s Restaurant in Orland Park. Heather Linehan, the outgoing president, is beside her.By Dermot Connolly A longtime member of the Palos Heights Woman’s Club…
Shots fired in Chicago Ridge Commons parking lot
Spread the loveFrom staff reports Shots were fired Wednesday night in the parking lot at Chicago Ridge Commons mall. Police said they received reports of the shooting about 9:45 p.m. No injuries were reported. Multiple witnesses told police four men were walking through the parking lot from the XSport Fitness area. They approached two vehicles…
Hair salon with a ‘flair’ marks first year in Chicago Ridge
Spread the loveBy Joe Boyle Melissa Kowalski wanted to do something meaningful to mark the first-year anniversary of her Flair With Hair Salon in Chicago Ridge. “We did not have a grand opening last year so I wanted to do something really special,” Kowalski said. “We wanted to say thank you to our clients.” Kowalski,…
Palos East fifth-grader wins Scholastic Storyworks writing contest
Spread the loveGabriel Chowaniec, a fifth-grader at Palos East Elementary School, has been named a winner of the Scholastic Storyworks Magazine writing contest. Gabriel, who is a student in Cathy Casey’s fifth-grade classroom, was named one of only five winners nationally for the December 2023/January 2024 competition. Garbriel’s submission for the nonfiction story “The Shattered Land,” “showed a strong understanding of the text along with the ability to author a well-organized…
Shepard celebrates Autism Week
Spread the loveBy Kelly White World Autism Acceptance Week is organized by the National Autistic Society in the first week of April and aims to raise awareness about the challenges autistic people face across all areas of society. Not missing out the opportunity to celebrate all-inclusion was Shepard High School, 13049 S. Ridgeland Ave., Palos…
Billions of cicadas get ready to raise a racket
Spread the loveBy Kelly White If you haven’t heard the buzz yet, you will soon. With 2024 marking a big year for periodical cicadas in Illinois, billions of the red-eyed buggers will soon be making an appearance. Periodical cicada broods XIII and XIX will be emerging throughout much of the state at the same time.…
‘A man of honor, a beacon of kindness’
Spread the love. Chicago weeps for Officer Luis Huesca . By Tim Hadac People across the Southwest Side shed tears earlier this week, as throngs of police officers and other filled the St. Rita of Cascia Shrine Chapel at 77th and Western for a funeral Mass for CPD Officer Luis M. Huesca. Officer Huesca was…