SPRINGFIELD (WGEM) – Illinois lawmakers introduced a bill Wednesday morning that would change how companies that violate the state's Biometric Information Privacy Act (BIPA) are held liable. The state House Judiciary and Civil Affairs Committee passed the bill on a party-line vote with all Democrats in favor and all Republicans against.
Under current law, companies must obtain written consent from customers and employees to use biometric information such as fingerprints, facial scanners, and retinal scanners. The bill would allow businesses to obtain electronic signatures for consent, but would not change that part of the law. What will change is what happens when companies break the law.
Currently, companies can be held liable in civil court for up to $1,000 in damages for each violation. This means that every time an employee uses a fingerprint to clock a clock or enter a restricted area, the company could be held liable if the employee did not consent. If the proposal passes, the damages amount would be changed to $1,000 per person.
The bill's House sponsor, state Rep. Ann Williams (D-Chicago), says it addresses liability issues facing businesses while ensuring BIPA's protections are maintained.
Small business owner Steve Schroeder argues these changes aren't enough. He believes the law is outdated.
“BIPA and the pending amendments are the iPhone 2 Act that seeks to regulate the iPhone 15 business community,” he said.
Opponents of the bill are also concerned that there would be no retroactive liability protection for companies that may have violated BIPA.
The bill's Senate sponsor, state Sen. Bill Cunningham (D-Chicago), said that even if retroactivity isn't written directly into law, courts can take legislative changes into account when determining liability. He said he could.
The state Senate passed the bill on April 11 with bipartisan support.
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