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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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The Illinois Eavesdropping Act has been a continuing source of controversy in recent years, with the state Supreme Court completely striking down the law at one point for being overly broad. Now, effective December 30, 2014, new amendments to the law are on the books, and time will tell whether these new provisions will withstand opposition and court challenges.
Under the new law, a person commits eavesdropping when he or she knowingly and intentionally uses an eavesdropping device (any device capable of being used to hear or record oral conversation or to intercept or transcribe electronic communication) in a surreptitious manner for the purpose of overhearing, transmitting, or recording all or any part of any private conversation unless consent to do so is obtained from all of the parties to the private conversation. (720 ILCS 5/14-2 as amended by IL Public Act 098–1142).
The law also covers the interception, recording, or transcription, in a surreptitious manner, of any private electronic communication to which the individual is not a party unless he or she obtains the consent of all ...

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Illinois Privacy Resources

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