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The court’s previous interpretation of BIPA, the law that allows
legal action against entities for not getting consent when
capturing and storing personal data such as fingerprints or face
scans, has the business community looking for changes. A
previous ruling could lead to business-bankrupting settlements,
groups fear.
On Thursday, representing a hospital group being sued, attorney
Bonnie Keane DelGobbo said the language of the Illinois law
allows for biometrics to be used in patient care in conformity
with the Health Insurance Portability and Accountability Act
carved out of BIPA.
“Health care providers' use of automated dispensing cabinets to
access medications and medical supplies to treat patients is
unquestionably health care treatment under HIPAA,” DelGobbo
said.
Attorney Jim Zouras, representing those suing Northwestern
Memorial Healthcare, argued that if the health care industry is
exempt as defendants' claim, a large segment of Illinois’
workforce in hospitals have no BIPA rights.
“HIPAA has nothing to do with worker data,” Zouras said. “HIPAA
has nothing to do with the rights of the employees or the rights
of employers.”
Zouras said the HIPAA only applies to patient data, not health
care employees.
The Illinois Supreme Court has taken the case, Lucille Mosby,
Indv., etc., et al. v. The Ingalls Memorial Hospital et.al.,
under advisement.
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