Unintended consequences are the tigers in the tall grass.
Those who live where there are real tigers will tell you to be careful of tall grass because that’s where the tigers hide to hunt. A consequence of ignoring that advice may be to be attacked by a tiger. The analogy is a good lesson for life and business.
Here’s the point! What you don’t know, and understand, can be dangerous and you can’t know everything. So, it is important to not only learn about your surroundings but also to consider possible latent possibilities.
But let’s consider an example of what I am talking about.
The Illinois Supreme court recently decreed misuse of biometric information is not protected by the Workers compensation laws. This may get a little complicated but bear with me.
First you need to understand that in most states the workers compensation law shields employers from litigation for employment related injury. Qualified work-related injuries must be managed in the workers compensation system, thus shielding the employer. This is actually a good system and American business might not exist as it does without this protection. But, like every law, employers can use this to hide from the consequences of egregious behavior. And that is why there are always legal challenges to the system. (Well, and the general proclivity of attorneys to litigate)
So how does that relate to the recent decision in Illinois?
- Illinois has a biometric privacy law (BIPA)! “The state’s biometric privacy law …. requires informed and written consent before the collection, use and storage of biometric information such as facial scans or voiceprints, as well as the disclosure of certain information, such as a data retention schedule.”(law360.com)
- This law did not anticipate, nor support, employers who would use the workers compensation system to allow them to preempt BIPA.
- Illinois has now codified that nobody may use biometric data without prior written informed consent!
And now let’s get back to where I started. How is this a tiger in the tall grass?
Consider these potential consequences.
Speed cameras. Traffic control cameras capture the driver’s image, and the license plate of the vehicle, to use as evidence (public or not) of commission of a crime. Does your state have a law that gives them the right to collect your biometric data without your consent to be used against you?
Facial recognition. Major retailers use facial recognition systems to help them identify repeat thieves and others they do not wish to allow in their stores. As beneficial as that is for all of the honest people out there, do they have your permission to collect your private biometric data and use it against you?
Social media like Tic Toc and YouTube. Annoying people are everywhere with their cameras doing video of anybody they think will get them noticed on social media. I think we can all agree there is both good and bad here – But – did any of those people doing these videos get permission to collect and use that “Biometric data” before they published?
And while I am at this, let’s consider why your biometric data being protected might be really important. China! China collects biometric data on every person who goes outside, and they coordinate that data by tracking every person’s mobile phone and then authorizing acceptable behavior on a very personal level. I cannot speak for you, but I do not want a system that pervasive in this country.
All decisions have consequences and the unintended, and usually unforeseen or ignored, ones are the tigers in the grass.