Illinois has introduced a new law that places some restrictions on the state’s stringent biometric privacy legislation.
On August 2, Governor J.B. Pritzker signed SB2979, a bill that modifies certain aspects of the Illinois Biometric Information Privacy Act.
The revisions allow for the use of electronic signatures as a “written release” under the biometrics law. (BIPA was enacted in 2008, before the widespread adoption of electronic signatures.)
More significantly, the amendment states that if a private entity collects or shares an individual’s biometric information in violation of the law more than once, it constitutes only one violation.
This change effectively reverses the Illinois Supreme Court’s decision in Cothron v. White Castle System, Inc., which allowed individuals to seek penalties for each separate biometric scan.
Impact of the Illinois Biometric Law on Trucking
Biometric information is utilized in various applications such as fatigue detection via in-cab cameras, device security locks, and workforce management. According to transportation attorneys from Scopelitis, Garvin, Light, Hanson & Feary, the use of biometric scans is now prevalent in the transportation sector, as discussed in a 2022 HDT interview.
This interview followed a class action lawsuit involving Maverick Transportation and Lytx, which alleged that the Drivecam dashcam collected facial geometry data without consent, violating BIPA.
Later that year, a federal jury in Chicago awarded over 44,000 truck drivers $228 million in damages after ruling that BNSF Railway had scanned drivers’ fingerprints without appropriate consent while they were loading and unloading cargo at rail yards.
This ruling was further analyzed in an episode of HDT Talks Trucking.
Immediate Effect of Biometrics Amendment
With the governor’s approval, SB2979 took effect immediately on Friday. The bill had been passed by the state legislature in May.
“We not only preserved the protections stipulated in BIPA but also clarified damages to prevent businesses in our state from being overwhelmed by penalties for violations,” stated State Senator Bill Cunningham, the bill’s Democratic sponsor who represents parts of Chicago.
The National Law Review mentions that this amendment follows unsuccessful previous attempts at similar reforms aimed at reducing the influx of BIPA class action lawsuits that have burdened businesses using biometric security measures without strict compliance with BIPA.
Other states have regulations similar to BIPA, including a new law in Colorado, but only Illinois’ legislation provides a “privacy right of action,” enabling lawsuits to be filed. In contrast, other states’ laws may only be enforced by state authorities.
“SB2979 does not clarify whether the Illinois legislature intended for the amendments to impact claims arising before the bill’s effective date,” noted transportation attorneys at Scopelitis, Garvin, Light, Hanson & Feary in an email alert. “Consequently, this issue remains for the courts to address.”
From the HDT Archives (2019): Smarter Video Telematics Wave Arrives
