Cunningham legislation reforms BIPA while protecting businesses and employees

• Digital Privacy
• Biometric Information
• SB 2979

SPRINGFIELD – In an effort to shield Illinois employers from costly lawsuits without rolling back the state’s strict digital privacy protections, State Senator Bill Cunningham filed Senate Bill 2979, which makes changes to the liability guidelines in the Biometric Information Privacy Act.

“Given the rash of cybersecurity breaches we hear about, Illinoisans should be proud that we have arguably the strongest digital privacy laws in the nation. However, our laws have not kept up with changes in technology, which has left some small businesses facing overwhelming financial liabilities,” said Cunningham, a Democrat who represents portions of Chicago and the Southwest Suburbs. “SB 2979 will keep the current privacy restrictions in place and hold violators accountable, as well as ensure businesses are not unfairly punished for technical violations of the law.”

Under BIPA, private entities must obtain written consent before collecting and storing biometric information, such as an employee’s fingerprint. If a business is sued for violating BIPA, they can be ordered to pay damages for each instance where biometric information is collected — even if they repeatedly collect the same information. This has led to situations where an employer can be ordered to pay millions in liquidated damages, and in a case involving White Castle, billions of dollars, because each collection counts as a separate violation. For instance, businesses that use digital fingerprinting systems for employee timekeeping often take swipes of each employee’s fingerprint multiple times per shift — like when the employee arrives for work, leaves for and returns from a lunch break, or checks out at the end of the work day. Under BIPA, each of those swipes can qualify as a violation of the law if the employee has not provided written consent, exposing the business to a minimum of $1,000 in damages every time a swipe is taken.

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Memorial Park Recreation Center to be remodeled thanks to Cunningham

OAK LAWN – State Senator Bill Cunningham announced that the Oak Lawn Park District is set to receive $2.1 million in state funding to remodel the Memorial Park Recreation Center.

“Investing in public recreation is about investing in the well-being and shared experiences of every member of our community,” said Cunningham, a Democrat who represents portions of Chicago and the Southwest Suburbs. “I will continue to push the state to provide more funding for local projects.”

The proposed remodel of the Memorial Park Recreation Center will include converting smaller rooms, such as locker rooms, shower facilities and storage areas, into larger multi-purpose rooms and new restrooms. The entry vestibule will be changed to a lobby and reception area.

“We’ve had great success this past year with getting grants to offset the cost to the taxpayer for some exciting, high-profile projects,” said Tom Hartwig, Oak Lawn Park District Executive Director. “This added space allows us to expand our program offerings and utilize a space that has sat dormant for years.”

The funding comes from the Park and Recreational Facility Construction grant program, which is part of the Rebuild Illinois capital improvement program. The Illinois Department of Natural Resources administers the program.

For more information about the PARC grant program, visit the IDNR website.

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Police officers get well-earned pension victory under Cunningham, Gill law

CHICAGO – State Senator Bill Cunningham and State Representative Mary Gill announced a well-deserved pension victory for Chicago police officers born after 1966 as Senate Bill 1956 was signed into law on Friday.

“Chicago police officers will now receive the same level of retirement benefits that most other public employees do,” said Cunningham, a Democrat who represents portions of Chicago and the Southwest Suburbs. “This change is only fair, as we’re all still dealing with higher cost of living.”

The law removes the birth date requirement that was previously in place (born before Jan. 1, 1966) for Tier 1 retirees to be eligible for an annual 3% cost-of-living adjustment. The law also ensures that police officers born after Jan. 1, 1966, who received a retroactive increase of 1.5% in any year, will receive a proportional increase for that year so that the total increase is equal to 3% for each year.

“Our friends and neighbors who dedicate their lives to protecting and serving our community weren’t getting a fair shake,” said Gill (D-Chicago). “When I found out this injustice that was being done to our officers, I made passing this law a top priority.”

This achievement will have a major impact on the lives of retired and soon-to-be retired Chicago police officers. It means that they will receive a 3% COLA, doubling the previous 1.5% rate. This boost in benefits not only recognizes the dedication and sacrifices of Chicago police officers, but also provides them with greater financial security and stability in their retirement.

This legislative action will bring Chicago police officers in line with the current Chicago firefighter retirement standards.

Senate Bill 1956 was signed into law on Friday and goes into effect immediately.