What's Next for BIPA?
Sen. Bill Cunningham (D-Chicago) advanced a bill in the Senate Thursday reforming the much-maligned Biometric Information and Privacy Act (BIPA).
NOTE: This story was originally posted for subscribers only. To receive subscriber-only newsletters and content, click here.
A long-simmering battle to fix the state’s Biometric Information Privacy Act (BIPA) advanced out of the Senate Thursday, but it isn’t clear yet if the bill has enough support to make it through the House.
BIPA, a Blagojevich-era rule to set standards for how companies handle consumers' biometric information, like fingerprint scans, was the target of numerous lawsuits, including one against fast food restaurant White Castle for $17 billion.
White Castle and other employers were dinged by trial lawyers because the law would have forced companies to get authorization from an employee every time a fingerprint was scanned, including on time cards or for building entry. The Supreme Court last year essentially instructed the legislature to fix the bill.
Legislation never made it across the finish line last year, but the Senate advanced a new bill.
SB2979, sponsored by Sen. Bill Cunningham (D-Chicago), passed the Senate 46-13, with six Republicans voting yes (Curran, Fowler, Lewis, McConchie, Tracy, Wilcox).
The legislation reduces the number of claims that can be brought against an employer, but doesn’t address issues of penalties. It also requires business to get an employee’s approval once before it can start collecting data.
“This reform to BIPA will protect small businesses from undue financial burden while still providing strong protections for consumers and workers,” Cunningham said in a statement. “As technology continues to advance, it’s importance that our laws keep up with the times.”
Both the Illinois Chamber of Commerce and Illinois Manufacturers’ Association oppose the bill.
Senate President Don Harmon and House Speaker Chris Welch were pressed on the issue at the Illinois Chamber’s Lobby Day Wednesday. Harmon said he was unlikely to address the bill any further, but Welch said he was open to more discussions.
The Chamber did not comment Thursday evening.
One business group, the Technology and Manufacturing Association (TMA), supported the bill.
“We’ve had numerous talks with Senator Cunningham about why small and midsize manufacturers are threatened by BIPA lawsuits to the point where they could be forced to close their doors, and why clarification was needed in the current law,” said TMA Lobbyist David Curtin. “We made it clear that we agree we need laws in place that protect privacy and support a fair biometrics data privacy policy while at the same time not putting businesses in a position where they could be subject to annihilative lawsuits.”
Business interests will obviously attempt to amend the bill in the House, which could put it in jeopardy if it gets back to the Senate, potentially leaving the door open to failing to fix the issue two years in a row.
