Amendments to the Illinois Biometric Information Privacy Act Would Dramatically Affect Accrual of Damages

The Illinois Legislature approved Senate Bill 2979 (“S.B. 2979”) to amend the Biometric Information Privacy Act (“BIPA”). SB 2979 would limit the extent of potential civil penalties awarded under BIPA by clarifying that multiple collections of a person’s biometric identifier or biometric information using the same method of collection is considered a single violation of BIPA. Once signed, S.B. 2979 will overturn the Illinois Supreme Court’s interpretation of accrual of damages under BIPA in Cothron v. White Castle Sys., Inc., which held that separate BIPA claims accrued with each scan or transmission. SB 2979 further provides that BIPA’s “written release” requirement may be met by an electronic signature.

Senators Call on FTC to Investigate Automakers; FTC Issues Warning to Automakers

Senators Ron Wyden and Edward Markey issued a letter to the Federal Trade Commission (“FTC”) Commissioner Lina Khan requesting that the FTC investigate major automakers’ sharing of geolocation data in response to law enforcement requests. The letter follows an inquiry by Senator Wyden’s office, which asked the association representing automakers how their members respond to law enforcement requests for location information collected from vehicles. The letter alleges that several auto manufacturers do not require a warrant or court order to provide geolocation information to law enforcement as required by their pledge under the Consumer Privacy Protection Principles of the Alliance of Automobile Manufacturers and the Association of Global Automakers. Two weeks later, the FTC released a post to its Technology Blog reminding car manufacturers, and all businesses, that the FTC will take action to protect consumers against unfair and deceptive practices with respect to the collection, use, and sharing of data, particularly sensitive personal data such as geolocation and biometric data.