PRESS RELEASE: Governor J.B. Pritzker Signs Critical BIPA Amendment into Law, Aiding Illinois Small Businesses

08.08.24

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FOR IMMEDIATE RELEASE

Contact: Phil Melin, Executive Director

(224) 250-8974

pmelin@cala.com

Governor J.B. Pritzker Signs BIPA Amendment into Law, Aiding Illinois Small Businesses

Chicago, IL —  Illinois Citizens Against Lawsuit Abuse (IL-CALA) applauds Governor J.B. Pritzker for signing the bipartisan bill SB 2979, amending the Illinois Biometric Information Privacy Act (BIPA). This crucial legislative change marks a significant step toward protecting the state’s small businesses while upholding the privacy rights of individuals.

Enacted in 2008, BIPA was designed with the noble intention of safeguarding individuals’ biometric data, such as fingerprints and eye scans, in an increasingly digital world. However, the law’s stringent requirements and severe penalties for violations inadvertently paved the way for predatory lawsuits that disproportionately impacted small businesses across Illinois. These lawsuits often exploited minor administrative oversights, resulting in astronomical fines without actual harm to individuals.

A prominent case underscoring BIPA’s severe impact involved White Castle, which faced potential exposure of $17 billion due to claims accruing with each biometric scan. This situation highlighted the urgent need for reform. SB 2979 addresses these issues by focusing on the problematic per-instance fine requirement.

IL-CALA Executive Director Phil Melin said, “This reform provides much-needed relief to employers while continuing to protect the privacy rights of individuals. Under the previous provisions, small business owners faced the constant risk of annihilative lawsuits, threatening their survival. Governor Pritzker’s signing of SB 2979 into law represents a pivotal first step towards creating a fairer legal landscape for Illinois businesses.” He continued, “The bipartisan effort led by Senators Cunningham and Curran garnered widespread support from various sectors, including business, healthcare, and technology groups. With this bill now law, businesses can thrive without the constant fear of crippling legal battles, while still upholding essential biometric privacy protections.”

Melin said, “By signing SB 2979, Governor Pritzker has made a significant impact in safeguarding both the rights of workers and the sustainability of Illinois businesses. We extend our heartfelt thanks to Governor Pritzker and the Illinois legislature for their leadership and vision.

While this reform marks a crucial advancement, further amendments to BIPA are necessary to protect vital emerging industries and enable companies to ensure public safety. IL-CALA remains committed to advocating for sensible legal reforms that balance the protection of individual privacy with the economic vitality of the state’s business community.

The future of Illinois’ business landscape looks brighter, and we urge continued efforts to protect and support both our economy and our citizens,” Melin added.

For more information on IL-CALA and our efforts to promote legal reform in Illinois, please visit www.cala.com/illinois.

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