Commentary: In the urgency to get biometric technology “under control,” legislatures are arguing for heavy penalties even where no harm or damage can be shown.
The White Castle in Alsip, one of the locations where it is alleged the restaurant company violated the rights of some 9,500 current and former employees by using biometric controls without their explicit permission.
Statutes of limitations keep stale controversies out of the courts. In defending against the charge that it violated the rights of some 9,500 current and former employees by using biometric controls without their explicit permission, White Castle has argued that the lead plaintiff in the case took more than a decade to complain.
But in their urgency to get technology “under control,” many advocates and legislatures are arguing for heavy penalties even where no harm or damage can be shown. That rings of the “precautionary principle,” preferred in Europe, which says that new processes and products can’t be used unless they are first proved safe.
The Illinois Supreme Court pointed out in its opinion that there are several ways the actual damage award against White Castle may be curtailed. One’s immediate instincts are that liability controls should kick in so that any award is just. But doing that would tell legislators in Illinois, and those in other states looking on, that their excesses don’t have any political costs.
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