Illinois Employers Seek Changes to Biometric Information Privacy Act

Illinois Employers Concerned Over Biometric Information Privacy Act

Illinois has some of the strictest digital privacy protections in the country, particularly when it comes to biometric information. The Biometric Information Privacy Act (BIPA) requires private entities to obtain consent before collecting biometric data, such as fingerprints or facial recognition. Violations of this law can result in hefty damages for businesses, with each instance of data collection potentially leading to fines of at least $1,000.

One example of the impact of BIPA is the case of Meta, which paid Illinois users over half a billion dollars in 2020 for using facial recognition technology on Facebook. This is just one of more than 1,500 lawsuits filed under the law, many of which have targeted small businesses.

State Senator Bill Cunningham has proposed a new bill to amend BIPA in order to ease the burden on employers. The bill aims to limit BIPA violation claims to a per-person basis, rather than a per-collection basis. This means that all biometric information collected from a single individual would only count as one violation, regardless of how many times it was collected.

Cunningham emphasizes that the proposed changes would not weaken privacy protections but rather provide a more balanced approach to enforcing the law. The bill would also allow electronic signatures as a valid form of consent for data collection.

The need for these amendments comes after a ruling by the Illinois Supreme Court last year, which interpreted BIPA as having a per-collection basis for damages. Industry leaders have expressed concerns about the economic impact of this ruling, warning that it could bankrupt businesses.

Cunningham’s bill seeks to address these concerns and provide a more practical framework for enforcing BIPA. By clarifying the assessment of damages and allowing for electronic consent, the proposed changes aim to strike a balance between protecting privacy rights and preventing undue financial burdens on businesses.