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
Rashid calls college demonstrators ‘student heroes’
Spread the love. Rips Israel over “apartheid’ and ‘genocide’ . From staff reports The crisis in Palestine is taking a terrifying turn as the Israeli military is preparing to invade Rafah where more than one million Palestinians have been forced to after their homes in northern Gaza were destroyed, State Rep. Abdelnasser Rashid (D-21st) said…
Titanic memories haunt Worth Library
Spread the loveBy Kelly White This year marks the 112th anniversary of the Titanic’s fateful ship crossing. Bringing the ship back to life was the Worth Public Library on April 15 with a program called, The Haunted Titanic, with local historian Bob Trzeciak, who walked patrons through the history, the lasting impact, and why it…
Spring cleanup day in Bridgeview set for Saturday
Spread the loveBy Steve Metsch Any Bridgeview resident with clutter to clear will be busy Friday night, May 10. That’s when they will be putting all kinds of things on the parkway as the village prepares for its annual spring cleanup day set for Saturday, May 11. All items must be at the curb by…
Family of man killed in McCook struggling with his absence
Spread the loveBy Steve Metsch On what would have been his 37th birthday, the family of Morales Ricardo Lopez gathered at his grave in Evergreen Park Cemetery. Lopez, of Blue Island, was gunned down in McCook early Feb. 17, leaving behind a widow and three children. His family, other relatives and friends gathered at his…
Southwest Symphony presents ‘American Song Book’
Spread the loveFrom staff reports Southwest Symphony Orchestra will perform “The American Song Book” this weekend at Trinity College in Palos Heights. The performance will feature Grammy nominated Helen Welch under the direction of David Crane at 7:30 p.m. Saturday in Trinity Christian College’s Ozinga Auditorium. Welch will perform some of America’s best loved classics.…
Shoppers welcome back Evergreen Park Farmers Market
Spread the loveBy Joe Boyle Rain was forecast for the morning of May 2, but nothing could dampen the spirits of customers who dropped by the Evergreen Park Farmers Market. The large crowd that attended were instead greeted with mostly sunny skies. Beth Novotney, director of the Evergreen Park Office of Citizen Services that oversees…
Evergreen Park recognizes police for valor
Spread the loveBy Joe Boyle The Evergreen Park police have been cited for valor after several key arrests that occurred the past couple of months. Police Chief Michael Saunders requested commendations for the officers during the Evergreen Park Village Board meeting Monday night. Mayor Kelly Burke and the board applauded the efforts of the force.…
Hickory Hills police bid adieu and say welcome
Spread the loveBy Nuha Abdessalam The Hickory Hills Police Department bid a fond farewell to Lieutenant Glenn Tienstra and welcomed new Officer Daniel Balzhiser. On a memorable Thursday evening, April 25, city hall was filled with the warmth of community family, friends, officers, and council members, all gathered to joyfully celebrate Officer Balzhiser and respectfully…
Mother Mac unveils new lights and scoreboard
Spread the loveBy Kelly White Across the nation, women’s sports are on the rise in terms of viewership, enthusiasm, sponsorship and excitement. Mother McAuley is no stranger to the impact that women’s athletics has on the development of an individual, strengthening of a team and key skills and attributes developed along the way. South Side…
Cicadas in the park in Palos Park
Spread the loveBy Kelly White Cicadas are coming and the Village of Palos Park is ready. The village hosted its 31st annual Arbor Day Celebration on Sunday, May 5, themed, “The Wonder of Trees” at The Center in the Lodge, 12700 Southwest Highway, with featured speaker, Tricia Bethke of The Morton Arboretum who presented, “Cicadas…
Neighbors
First Secure Bank to host American Eagle gold coin sale
Spread the loveFrom staff reports First Secure Bank & Trust of Palos Hills announced its annual May sale of 1-ounce and ¼-ounce American Eagle Gold Coins, produced by the U.S. Mint, will take place from 10 a.m.to noon on Saturdays, May 4, May 11, May 18 and May 25. The sale will take place at…
Donate teddy bears to our local police
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Have you ever seen the 1955 movie The Night of the Hunter? The children in this movie show such bravery and acceptance in what life has thrown at them. They have to deal with unimaginable events and sadness. …
Boy Scouts collecting tattered flags for disposal
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Goodbye April, hello May. Our American Flag, the symbol of our country, should always be treated with respect. But after bearing Chicago’s brutal winters and hot blazing summers along with being in the…
Oak Lawn trustee says village needs state grocery tax
Spread the loveBy Joe Boyle An Oak Lawn trustee said that Gov. J.B. Pritzker’s proposal to eliminate the state’s grocery tax will be costly for the village. Trustee William “Bud” Stalker (5th), accompanied by Mayor Terry Vorderer, recently returned from a fact-finding trip to Springfield where they learned more about the governor’s proposal to eliminate…
Palos Heights recognizes volunteers
Spread the loveBy Nuha Abdessalam Palos Heights handed out awards last week recognizing the services provided by volunteers through the years. The proclamations, which were read aloud during the city council meeting April 16, were a testament to the city’s volunteers and were handed out as part of Volunteer Recognition Week. Volunteers were cited for…
Boys Volleyball | Richards weathering struggles after run of success
Spread the loveBy Xavier Sanchez Correspondent After a tough weekend at the Smack Attack tournament, Richards got back into the win column with a two-set victory over Eisenhower in a South Suburban Red match. The Bulldogs made quick work of the Cardinals, winning 25-16, 25-15 on April 23 in Oak Lawn to snap a five-match…
SD218 puts on annual Arts Extravaganza
Spread the loveBy Kelly White The arts have become a major portion of the curriculum Community High School District 218. Showcasing those many talents, the Friends of CHSD 218’s Education Foundation proudly hosted its 15th annual Arts Extravaganza on April 5 at Eisenhower High School in Blue Island. “The Arts Extravaganza is a great event…
Gaming licenses to be tougher to get in Orland Park
Spread the loveBy Jeff Vorva It’s going to take longer to receive gaming licenses in Orland Park. The village board passed an ordinance April 15 that would allow table service businesses open at least 36 consecutive months to apply rather than the previous 18 months, and extended the probationary period to 18 months instead of…
Palos Park passes $16 million budget
Spread the loveBy Jeff Vorva The Palos Park Village Council approved the 2024-25 budget, which totals a little more than $16.3 million at the April 22 village council meeting. According to village documents, it represented an increase of a shade over $603,000 from last year. The village is expecting $13.4 million in revenue and $1.86…