Illinois Privacy: What you need to know

There are four generally recognized invasion of privacy claims:
• Appropriation, for the defendant's benefit or advantage, of the plaintiff's name or likeness;
• Public disclosure of private facts;
• Publicity that places the plaintiff in a false light in the public eye; and
• Intrusion upon the plaintiff's physical and mental solitude or seclusion.
Illinois courts have recognized the first three causes of action, but are split on whether intrusion into the seclusion of another is a valid cause of action (Lovgren v. Citizens First National Bank of Princeton, 534 N.E.2d 987 (Ill. 1989)).
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As enacted, the Illinois Eavesdropping Act required consent from all parties to the conversation to waive the legal prohibition on eavesdropping (720 ILCS 5/14-1 et seq.). However, the law contains a number of specific exemptions to the state law eavesdropping prohibition applicable to the employment situation. For example, a corporation or other business entity “engaged in marketing or opinion research” or “telephone solicitation” may record or listen to telephone solicitation conversations or marketing or opinion research conversations by an employee when the monitoring is used for the purpose of “service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation.”
Although at least one person must consent to this type of monitoring, the law provides that no recorded communication or conversation may be furnished to any law enforcement agency; used in any ...

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