Illinois Governor Approves Business-Friendly Overhaul of Biometric Privacy Law

Illinois Governor J.B. Pritzker has signed a bill into law that will significantly curb the penalties companies could face for improperly collecting and using fingerprints and other biometric data from workers and consumers. From a report: The bill passed by the legislature in May and signed by Pritzker, a Democrat, on Friday amends the state's Biometric Information Privacy Act (BIPA) so that companies can be held liable only for a single violation per person, rather than for each time biometric data is allegedly misused. The amendments will dramatically limit companies' exposure in BIPA cases and could discourage plaintiffs' lawyers from filing many lawsuits in the first place, management-side lawyers said. "By limiting statutory damages to a single recovery per individual ... companies in most instances will no longer face the prospect of potentially annihilative damages awards that greatly outpace any privacy harms," David Oberly, of counsel at Baker Donelson in Washington, D.C., said before the bill was signed. BIPA, a 2008 law, requires companies to obtain permission before collecting fingerprints, retinal scans and other biometric information from workers and consumers. The law imposes penalties of $1,000 per violation and $5,000 for reckless or intentional violations.

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