Illinois Privacy laws & HR compliance analysis

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 all four of these causes of action. Doubts about the validity of intrusion-on-seclusion claims were dispelled by the Illinois Supreme Court in Lawlor v. North American Corp. of Illinois, 983 N.E.2d 414 (Ill. 2012). An employer could be found liable on this basis, the Court ruled, when it hired detectives who impersonated an employee to obtain her personal phone records.
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The Illinois Eavesdropping Act has been a continuing source of controversy, with the state Supreme Court completely striking down the law at one point for being overly broad. The law was amended in 2014 and 2015, and time will tell whether these provisions will continue to withstand opposition and court challenges.
Under the 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).
The law also covers the interception, recording, or transcription, in a surreptitious manner, of any private electronic communication to which the ...

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