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The Illinois Supreme Court ruled against the burger chain White
Castle in February and said each time a person’s biometric data is
collected, it is a violation of the Biometric Information Privacy
Act. The company was using finger scans for employee time clocks.
White Castle is facing potential lawsuit damages of up to $17
billion as a result of the ruling. The high court suggested the
Illinois General Assembly may want to take up the issue for possible
changes.
Because of the implications for any company that uses biometric
identification technology in Illinois, 13 business groups filed
“friends of the court” briefs supporting White Castle’s contention
that employees need only be asked once for permission to relay their
data.
During an event in Springfield with the Illinois Chamber of Commerce
Tuesday, Senate Minority Leader John Curran, R-Downers Grove, said
in its current state, the law is flawed.
“I am disappointed at the recklessness that the Democratic majority
displayed in passing the most onerous, trial-friendly BIPA law in
the nation,” Curran said. “Illinois is one of three states with a
BIPA law, but the only one without security exemptions.”
A coalition of business, technology and health care groups have
called on the legislature to make changes to BIPA.
The group wants the law updated to require proof that actual harm
occurred to individuals before imposing fines. They also want to
establish a “notice and cure” period, which would allow businesses
to address any potential issues in instances where there has been no
actual harm. Another modification to BIPA they want is to rectify
the recent court decision that found every incident is a separate
violation resulting in exponentially higher awards.
They also want businesses to be allowed to use biometric technology
for routine human resources and record-keeping purposes including
time clocks.
Illinois House Speaker Emanuel "Chris" Welch, D-Hillside, said
changing the law must be a bipartisan effort.
“BIPA is really a complex issue, and I don't think any one person or
party is going to have a solution to it,” Welch said at the Camber
event.
Illinois is the only state that allows individuals the right to sue
over the improper collection of biometric data.
Kevin Bessler reports on statewide issues in Illinois
for the Center Square. He has over 30 years of experience in radio
news reporting throughout the Midwest.
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