Illinois legislature approves measure to amend state biometric privacy law

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Illinois legislature approves measure to amend state biometric privacy law
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The law, considered among the strictest of its kind, requires companies to gain consent before they collect and store biometric information such as fingerprints or retina scans.

State Rep. Ann Williams at the 103rd General Assembly at the Illinois State Capitol in Springfield on May 18, 2023. The Illinois House passed legislation aimed at reining in the potential for runaway damages under the state’s biometric privacy law Thursday, more than a year after the Illinois Supreme Court suggested the legislature revisit the law.

Nine Republicans joined Democrats in the House supermajority to pass the measure in an 81-30 vote. After passing through the Senate last month in a 46-13 vote, the bill’s next stop is to Gov. J.B. Pritzker’s desk for his consideration. “I know that many small business owners will be relieved to see this measure pass,” Rashid, who co-sponsored the measure, said shortly before the House vote.

One of the House Republicans who voted against the measure on Thursday, state Rep. Dan Ugaste, said during floor debate he didn’t think the bill went far enough to be fair to businesses, especially if the violation was merely a mistake. He also raised concerns over whether data centers, which function as a storage apparatus for computer systems, could still be open to liabilities with the legislation.

“It’s quite notable that this passed,” said Matthew Kugler, a law professor at Northwestern University’s Pritzker School of Law. “I think it shows how concerned people are in the wake of the White Castle decision.”

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