Illinois Senate advances changes to state’s biometric privacy law after business groups split
By HANNAH MEISEL
Capitol News Illinois
hmeisel@capitolnewsillinois.com
SPRINGFIELD – It’s been more than a year since the Illinois Supreme Court “respectfully suggest(ed)” state lawmakers clarify a law that’s led to several multi-million-dollar settlements with tech companies over the collection of Illinoisans’ biometric data.
On Thursday, a bipartisan majority in the Illinois Senate did just that, approving the first major change to Illinois’ Biometric Information Privacy Act since it was originally passed in 2008.
Read more:Democratic leaders poised to revisit Biometric Information Privacy Act after court rulings
“(The state Supreme Court) invited the General Assembly to address this,” state Sen. Bill Cunningham, D-Chicago, said Thursday of a high court decision last February that found fast food chain White Castle violated BIPA each time its employees used their fingerprints in the course of performing their jobs.
In that case, 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.
Though the court made clear it wasn’t ruling on the question of how damages stack up, it did “respectfully suggest” the General Assembly review BIPA “and make clear its intent regarding the assessment of damages under the Act.”
“This bill is a response to that invitation,” Cunningham said before passage of Senate Bill 2979.
Read more:Court rulings supercharge Illinois’ strongest-in-nation biometric privacy law
The legislation, which passed 46-13, 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.
Illinois is the only state that grants residents the 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.
Business groups have been clamoring for changes to BIPA in recent years as upwards of 2,000 lawsuits have been filed under the law 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.
But it was a pair of decisions from the state Supreme Court last year that galvanized business groups’ efforts to push for changes to the law. First, the court unanimously ruled that BIPA had a five-year statute of limitations – not the one-year limit sought by business groups. A few weeks later in the White Castle case, the court ruled 4-3 that each time a company improperly collected biometric data markers amounts to a separate violation of the law.
Read more:Illinois’ biometric privacy law strengthened by latest high court ruling
When BIPA became law more than 15 years ago, 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 also led to what opponents of the law have called a cottage industry for ambitious attorneys.
Business groups have been divided on Cunningham’s proposal, with some offering full-throated support after the bill’s passage on Thursday and others pointing to continued opposition.
Senate Minority Leader John Curran, R-Downers Grove, noted the split before he ultimately voted for the bill, but said he sided with the industry groups that support it.
“I think they see it the way I see it,” Curran said. “While I wish there was more in this…to do nothing leaves Illinois businesses subject to really annihilistic judgments.”
After SB 2979 passed through a Senate committee last month, a coalition of influential industry groups said it didn’t go far enough, especially because it wasn’t retroactive and wouldn’t help companies that have already been sued under BIPA.
Additionally, in recent weeks, advocates for Illinois’ burgeoning data center industry have registered concern that Cunningham’s bill doesn’t specifically shield data centers from liability for storing biometric information on behalf of companies who may have violated BIPA.
After the bill’s passage Thursday, Cunningham, a high-ranking member of the Senate, didn’t close the door on a future amendment to address concerns from the data center industry.
“It’s a bicameral legislature, so we’ll see what happens in the House” he said. “But I think what we see here – the guts of this bill are going to stay in place and will, I think, be signed by the governor sometime this spring or summer.”
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
EPCHS adds Emmy-winning actor Gary Sievers to Hall of Fame
Spread the loveEvergreen Park Community High School has added a name to its list of Hall of Famers. Gary Sievers, a 1968 EPCHS graduate who became well-known for his acting, public speaking, work in radio and television, community service, civic leadership and teaching, was posthumously inducted into the school’s Hall of Fame during the Honors…
Worth vehicle sticker applications ‘lost’ in the mail
Spread the loveBy Joe Boyle Worth Village Clerk Bonnie Price said that even though application forms for village vehicle stickers were sent out to the post office last month residents were still waiting to receive those applications. “We have been doing this for 15 years,” Price said during the Worth Village Board meeting May 7. “This…
Hunt killer in ‘drifting’ slaying
Spread the love. Police seek witnesses, video of 59/Western . By Tim Hadac Police are appealing to the public to help find those responsible for the slaying of a 20-year-old West Englewood man during a takeover of the intersection at 59th and Western at 3:21 a.m. Sunday, May 5. The victim–identified as Guillermo “Memito” Caballero…
Mom gets 20 years in babies’ murder
Spread the love. Stuffed her newborn twin boys in an alley garbage cart . By Tim Hadac The books closed this month on a double murder that shocked and sickened many in the Garfield Ridge area more than 20 years ago. Antoinette Briley, 44, pled guilty on May 7 to murdering her twin baby boys…
Ladies lead the way to stylish Kentucky Derby fun
Spread the love As a tip of the cap–so to speak–to the Kentucky Derby, acclaimed chef Gloria Hafer (second from right) visited the Garfield Ridge Satellite Senior Center last week to cook a burgoo (a thick stew traditionally popular in the South). For an added bit of fun, the center had a derby contest. Among…
Seek donations for charity at Two Holy Martyrs
Spread the love. By Tim Hadac The Society of St. Vincent de Paul chapter at Two Holy Martyrs Parish will host a bundle weekend on Saturday, May 18 and Sunday, May 19. Volunteers will staff two trailers at the St. Rene Goupil Church parking lot, 64th and New England, from 1 to 5 p.m. Saturday…
Palos Park finance director heading to Westmont
Spread the loveBy Jeff Vorva Palos Park was in good hands with Altic. Finance director/treasurer Allen Altic is leaving the village later this month to take a similar position in Westmont, just a few miles from his home in Downers Grove. Altic was an assistant finance director in Bloomingdale from 2012 to 2020, when he…
Orland Township hosting free senior health fair
Spread the loveOrland Township and Supervisor Paul O’Grady are hosting a senior health fair to provide free health services and information to senior citizens on Tuesday, May 21, from 9 a.m. until noon at Orland Township, located at 14807 S. Ravinia Ave., Orland Park. The Senior Health Fair is an excellent opportunity for seniors to…
District 128 teacher joins Golden Apple Accelerator Program
Spread the loveBy Kelly White A Palos Heights School District 128 educator was selected to be a part of the Golden Apple Accelerator Program. Also, a District 128 alum, Moira Touhy, a paraprofessional at Independence Junior High School, 6610 W. Highland Dr., Palos Heights, will be participating in the 15-month online program specifically geared toward…
Neighbors
Crossroads plans approved in Orland Park despite adding apartments
Spread the loveBy Jeff Vorva Crossroads did not hit a roadblock. Despite not wanting to bring more apartments to the village, the Orland Park Village Board approved plans for the Crossroads of Orland Park at its May 6 Committee of the whole and regular meetings and it will indeed feature 132 apartments. The Crossroads project,…
New mural may be coming to viaduct
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . We are now half way through May. I hope the month is treating everyone a-May-zing! The CAPS Beats 822/824 meeting was held on May 7. I did not attend because I had just…
The big airport with the neighborhood vibe
Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Happy 98th Birthday to Chicago Midway International Airport. Back in 1923 it was called Chicago Air Park with one runway. The city of Chicago leased it on May 8, 1926 and officially dedicated it as Chicago…
Good golfing is par for this course
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . As indicated by the full parking lot and adjoining parking spaces along Mann Drive, the Marquette Park Golf Course is open for the season. The unique, 36 par course with elevated trees, greens and fairways…
‘Anything that gets flushed’
Spread the love. MWRD shows how it treats wastewater . By Dermot Connolly What better activity for a sunny spring day than touring the world’s largest wastewater treatment plant—which many people did during the open house held Saturday at the MWRD’s Stickney Water Reclamation Plant in Cicero. To celebrate Chicago Water Week, the Metropolitan Water…
Giannoulias urges REAL ID signup
Spread the love Flanked by TSA Illinois Federal Security Director Jim Spriggs (left), Illinois Secretary of State Alexi Giannoulias is launching his office’s “Get Real Illinois” campaign to encourage Illinoisans to obtain a REAL ID. The campaign will raise awareness about the May 7, 2025 deadline and encourage residents to apply early to avoid problems…
Charge Garfield Ridge man with March murder
Spread the love. From staff reports . A 29-year-old Garfield Ridge man was charged with murder in connection with a slaying that occurred back in March. Alberto Rosas, of the 5200 block of South Central, was apprehended May 7 in the 6800 block of West Archer. Police said Rosas shot and killed 27-year-old Gustavo Suarez…
Beware, piano lovers, BBB says
Spread the love. By Better Business Bureau staff . If you’re in the market for a piano, then you know that the instrument can cost a hefty price and is not easy (or cheap) to transport. Scammers are targeting music lovers, businesses, schools, and churches with a new scam that claims to offer a piano…
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…