|
Currently, a company that violates BIPA’s protections is subject
to damages for each instance of the collection of an
individual’s biometric data without a person's consent.
The highest profile case was against White Castle and its use of
fingerprint time clocks. The Illinois Supreme Court ruled that
the company could be liable for $17 billion in damages. A
federal judge preliminarily approved a $9.4 million settlement
in the case.
Other companies that were slapped with lawsuits included
Facebook, which settled for $650 million over its facial tagging
feature, and Google, which settled a case involving a feature
with Google Photos for $100 million.
The amendment to Senate Bill 2979 approved in the General
Assembly switches a BIPA violation from a per-scan to a
per-person penalty. Another change would allow companies to
obtain consent electronically, and no longer require them to get
written consent for the collection of biometric data.
State Rep. Abdelnasser Rashid, D-Bridgeview, said Illinoisans
biometric data will still be protected.
“But it adds much needed clarity that helps small businesses
operate in a more predictable regulatory environment,” said
Rashid. “I know that many small business owners will be relieved
to see this measure pass.”
Following months of urging lawmakers to fix the flawed bill and
protect small businesses from annihilative lawsuits, the
Technology and Manufacturing Association (TMA) is now calling on
Gov. J.B. Pritzker to sign the bill into law.
“Many of the small and midsize manufacturers who have been
impacted by BIPA are second and third generation manufacturers
who don’t have the legal department and have been subject to
annihilative lawsuits that made many get to a point where they
had to consider closing their doors, but this new law fixes that
from continuing to happen,” said TMA lobbyist David Curtin.
Some House Republicans said the bill doesn’t go far enough and
should apply retroactively to help some of the businesses that
have been hit with massive fines. State Rep. Dan Ugaste,
R-Geneva, said he wants his biometric data protected as much as
the next person.
“But I also don’t believe a company should be penalized when no
actual harm has been done and they’ve taken steps to remedy
things and we’re allowing the lawsuits because of a simple
mistake,” said Ugaste.
|
|
