Illinois Lawmakers Aim for Strong AI Regulations After BIPA Lessons

Legislators in Illinois are grappling with the pressing need to regulate artificial intelligence effectively, drawing lessons from past missteps with the Biometric Information Privacy Act (BIPA). This comes amidst increasing tensions between state legislatures and the federal government regarding technology industry regulations.

The Illinois General Assembly is currently considering how to approach AI legislation, reflecting on the tumultuous history of BIPA, which was enacted in 2008. Following its introduction, a wave of lawsuits emerged, challenging the law’s clarity and leading to numerous court cases that required interpretation from judges, including those on the federal bench. These legal battles highlighted significant ambiguities within the law, such as the distinction between negligence and more serious misconduct, as well as the definition of “a health care setting.”

Initial cases brought forth by employees who claimed their employers failed to obtain informed consent for fingerprint usage in various applications, such as time clocks and point-of-sale systems, transformed into extensive legal disputes. Some judges ruled that each use of a fingerprint constituted a violation, resulting in considerable fines. This confusion ultimately necessitated the passage of Senate Bill 2979 in the spring of 2024, which bipartisanly clarified that improper data collection would be the fineable offense.

Reflecting on the initial drafting of BIPA, it is evident that clearer language could have prevented a decade of legal complications. As noted by observers, the original authors of the law may not have fully articulated their intentions, leading to misunderstandings among trial lawyers, judges, and business defendants. The experience has prompted calls for more precise legislative language in future regulations, particularly those concerning rapidly evolving technologies like AI.

Rep. Bob Morgan, a Democrat from Deerfield, emphasized the importance of regulating artificial intelligence, particularly in areas such as health care and public safety. In a communication to Capitol News Illinois, he stated, “Illinois won’t back down. We have both a constitutional right and a moral obligation to regulate artificial intelligence.”

While there is a consensus on the need for comprehensive AI regulations, caution is warranted. The swift advancement of AI technology poses a challenge for lawmakers, who must be diligent in crafting legislation that does not lead to the same pitfalls experienced with BIPA.

The focus now shifts to ensuring that the initial drafts of AI regulations encompass all intended provisions, rather than leaving aspects open to interpretation by the judiciary. As the Illinois General Assembly moves forward, the lessons learned from BIPA will undoubtedly shape the future of AI legislation in the state and potentially serve as a model for other jurisdictions grappling with similar issues.