Illinois Surveillance/Eavesdropping Laws

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Illinois

At a Glance:

* Consent of all parties is required.

* Violation is a felony.

* Civil damages are available.

* Silent video recording is not prohibited.

Illinois is one of the states requiring all-party consent to record

conversations, but it is unusual in that the law specifies that

conversations need not be private to be protected. When interviewing

sources, reporters should ensure that the interviewees know of and

consent to the recording, both on the phone and in person.

Eavesdropping

Illinois law prohibits using " an eavesdropping device to hear or

record all or any part of any conversation " without the consent of all

parties to the conversation, except in certain cases involving law

enforcement. It also prohibits using or divulging any information that a

person " knows or reasonably should know was obtained through the use of

an eavesdropping device. " The law does not require an " interception " --an

" eavesdropping device " is simply any device (other than hearing aids)

that can be used to hear or record a conversation, whether in person or

on the telephone.

Reasonable expectation of privacy

Before 1994, Illinois courts commonly referred to a person's

reasonable expectation of privacy in deciding whether a recording broke

the eavesdropping law, but in 1994 the legislature added a section

specifying that it does not matter whether one or more of the parties

reasonably expects privacy. Thus, reporters should assume they need

consent to record even in public places.

Silent video cameras are not considered eavesdropping devices in

Illinois. In 1978, the appeals court ruled that a local television news

team did not commit eavesdropping by secretly recording video footage of

a police officer arresting a lingerie model for solicitation. The court

ruled that a silent video camera is not an illegal eavesdropping device

under the statute because " it is not capable of being used to hear or to

record a conversation. " It appears the court would have found

differently if the news crew had placed a microphone in the room with

the model, thereby recording the officer's conversation.

Emergency and police radio communications are exempt from the

eavesdropping law, so reporters may use FM scanners to listen to police

reports. In 1990, the Illinois appeals court ruled that police scanners

are not eavesdropping devices when used to overhear cellular telephone

conversations, and a 1994 opinion of the attorney general indicates that

the state does not consider it eavesdropping to tape-record cellular or

cordless telephone conversations received on a police scanner.

Illinois courts have found that telephone extensions are not

eavesdropping devices unless they are somehow altered so as to turn them

into a " device. " Generally it is legal to listen to the conversations of

others on an extension, but it should still be considered illegal to

record such a conversation.

Illinois has no jurisdiction over recordings made in other states.

If someone outside of Illinois records a telephone conversation with

someone in Illinois, that person cannot be prosecuted under the Illinois

law.

Criminal and civil penalties

A first-offense violation of the Illinois eavesdropping law is a

class 4 felony, punishable by one to three years in prison. Subsequent

violations are class 3 felonies, punishable by two to five years in

prison.

Any party to an eavesdropped conversation may sue for an injunction

and for actual and punitive damages. A plaintiff may sue not only the

eavesdropper but also any person who employs or directs the

eavesdropper, as well as anyone who " knowingly derives any benefit or

information from the illegal use of an eavesdropping device by another. "

Sources

720 Illinois Compiled Statutes Annotated Sections 5/14-1 to 5/14-3,

5/14-4, 5/14-6 (1997); Cassidy v. ABC, 377 N.E.2d 126 (Ill. App. Ct.

1978); People v. , 554 N.E.2d 545, (Ill. App. Ct. 1990); People v.

Barrow, 549 N.E.2d 240 (Ill. 1989); People v. Britz, 541 N.E.2d 505

(Ill. App. Ct. 1989); People v. Gervasi, 434 N.E.2d 1112 (Ill. 1982);

People v. Shinkle, 539 N.E.2d 1238 (Ill. 1989).

Source:

http://www.rtnda.org/resources/hiddencamera/allstates.html