ACLU, Business Negotiations on BIPA Getting Messy
Inside the Illinois Capitol
NOTE: This story was originally posted for subscribers only. To receive subscriber-only newsletters and content, click here.
There appears to be some frustration building as talks have stalled on changes to the state’s Biometric Information Privacy Act (BIPA), which has set off a legal firestorm over the data employees provide to employers, including unauthorized capture of their biometric information, like thumbprints.
A court recently found burger chain White Castle was on the hook for up to $17 billion due to violations of the Blagojevich-era law.
Business groups, the American Civil Liberties Union (ACLU), and other groups have held informal discussions about legislative changes to the law, we’re told, though it isn’t clear how far along the discussions have gone.
Business groups have harped on the issue since even before the White Castle ruling earlier this year, fearing the law is far too broad and could leave businesses, restaurants, and even hospitals, on the hook for billions of damages or could put their entire operations at risk.
Ed Yohnka of the Illinois ACLU says the issue is being blown out of proportion.
“We don’t see, organizationally, any pressing need for changes to BIPA,” he said. “This is a law that’s been in force for more than a decade and companies are violating it everyday. And the response to that seems to be ‘let’s change the law so its easier for them.”
Yohnka says companies can get employees to agree to collection of certain data, like fingerprints. Though, business groups differ from that position.
Yohnka, though, says the ACLU is potentially willing to make a BIPA deal.
“[We’re] always willing to talk and always willing to consider alternatives and options,” Yohnka said. “
We’re told ACLU has, at least informally, brought up a package deal to amend BIPA as well as pass a bill sponsored by Rep. Ann Williams (D-Chicago) to protect health care data.
Yohnka denied the two issues were related.
Legislative leaders have so far been unwilling to tackle the issue, at least publicly.
“We have a month to go, anything can happen in a month,” House Speaker Chris Welch said at a business event last week when asked about the issue. “That’s a really complex issue and and to get anything done it’s going to take all of us getting [to] a round table to talk. We haven’t done that yet.”
