Coalition calls on lawmakers to make changes to the Illinois' biometric privacy law

[March 03, 2023]  By Kevin Bessler | The Center Square

(The Center Square) – A coalition of business, health-care and technology groups is calling on lawmakers to make changes to the state’s Biometric Information Privacy Act (BIPA) following a recent Illinois Supreme Court decision.

The high court ruled that each time someone’s biometric data is collected constitutes a separate violation of BIPA. In the ruling, the justices also suggested the General Assembly review the law.

In that case, the justices were charged with deciding whether White Castle violated BIPA each time an employee scanned their fingerprints to access work computers and to clock in to work.

“No such limitation appears in the statute,” the majority wrote. “We cannot rewrite a statute to create new elements or limitations not included by the legislature.”

A coalition led by the Illinois Manufacturers Association, Illinois Trucking Association, Illinois Health Care Association and others is urging immediate action by lawmakers to change BIPA.

The group wants the law updated to require proof that actual harm occurred to individuals before imposing fines; establishing a “notice and cure” period, which would allow businesses to address any potential issues in instances where there has been no actual harm; and rectifying the recent court decision that found every incident is a separate violation resulting in exponentially higher awards.

In addition, they want businesses to be allowed to use biometric identifiers for routine human resources and record-keeping purposes including time clocks, as well as for security purposes such as managing access to controlled substances in health care settings.

A coalition of Illinois business groups during a news conference in Springfield
Greg Bishop / The Center Square

Matt Hartman, executive director of Illinois Health Care Association, said if changes aren’t made to BIPA, some long-term care facilities may be forced to close.

“Simply the bringing of the case is enough to trigger the conversations on settlement that result in hundreds of thousands of dollars flowing out of our businesses that could be better directed to direct resident care,” Hartman said.

In addition, they want businesses to be allowed to use biometric identifiers for routine human resources and record-keeping purposes including time clocks, as well as for security purposes such as managing access to controlled substances in health care settings.

Matt Hart, executive director of the Illinois Trucking Association, says cameras are used to train truck drivers and because of BIPA, Illinois roads will become a lot more dangerous.

“Trucking companies that were considering these cameras to improve safety have now decided against installing these cameras because they fear being sued in this state,” Hart said. “BIPA was supposed to help, but in our industry this one-of-a-kind law has become a hindrance to safety.”

Illinois is the only state that allows individuals the right to sue over the improper collection of biometric data.

There is a bipartisan effort to change the law. Second in command in the Illinois Senate, State Sen. Bill Cunningham, D-Chicago, has two bills that would make changes to BIPA.

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.