Illinois Bar Journal


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Articles on Privacy

The Two Faces of Eavesdropping By Ed Finkel June 2015 Article, Page 20 The new Illinois eavesdropping law makes it easier to record police in public settings - but it also gives police more power to eavesdrop on citizens' conversations.
Non-consensual distribution of private sexual images March 2015 Illinois Law Update, Page 20 The Act makes it a Class 4 felony to intentionally disseminate an image that (1) is private; (2) displays an individual at least eighteen years old who is identifiable in the image; (3) shows a sexual act; and (4) is disseminated without the depicted individual's consent.
What next for eavesdropping law in Illinois? By Janan Hanna May 2014 LawPulse, Page 214 The Illinois Supreme Court struck down the law that criminalized recording of conversations without all parties' consent. What will replace it, and when?
No civil claims for parental eavesdropping February 2014 Illinois Law Update, Page 68 The Criminal Code has been amended to preclude civil remedies or causes of action against parents, grandparents, or other guardians for eavesdropping on a minor's electronic communications by accessing...The Criminal Code has been amended to preclude civil remedies or causes of action against parents, grandparents, or other guardians for eavesdropping on a minor's electronic communications by accessing the minor's account if done during the guardian's exercise of supervision while the minor is in their "care, custody, or control."
Some Supreme Court Rule 138 privacy provisions delayed until 2015 By Janan Hanna February 2014 LawPulse, Page 62 Effective January 1, the rule keeps personal information like social security numbers out of public civil court files. But a bar on using birthdates and names of minors is put off till next year.
“Professional account” exception to the Right to Privacy in the Workplace Act December 2013 Illinois Law Update, Page 612 Under the Right to Privacy in the Workplace Act, an employer may not request an employee or prospective employee to disclose passwords or account information concerning his or her private social networking accounts.
Will Rule 138 privacy provisions be changed before taking effect? By Adam W. Lasker November 2013 LawPulse, Page 554 The ISBA supports changes to Rule 138's soon-to-be effective limitations on disclosure of personal identity information in response to concerns raised by divorce lawyers and others.
The Right to Privacy in the School Setting Act October 2013 Illinois Law Update, Page 504 Under the Right to Privacy in the School Setting Act, it is now unlawful for a post-secondary school to request a student's password or other account information for the purpose of accessing that student's social networking account or profile unless the school reasonably believes that the account contains evidence of a school disciplinary rule violation by the student.
Credit-card privacy case leads to the High Court By Adam W. Lasker January 2013 LawPulse, Page 10 A team of Chicago lawyers lost part of their high-profile federal case. But they had a Supremely memorable experience nonetheless.
Illinois high court recognizes ‘intrusion upon seclusion’ By Adam W. Lasker December 2012 LawPulse, Page 626 Lawyers who advise employers should especially take note of the intrusion tort's implications for snooping into current and former employees' private affairs.
Adoption in the Sunshine: Illinois’ Disclosure Law for Adult Adoptees By Paul A. Rodrigues August 2011 Article, Page 414 A look at the Illinois law that reverses years of presumptive confidentiality and gives adult adoptees access to their original birth certificates.
Biometric Information Privacy Act passed. PA 095-0994 December 2008 Illinois Law Update, Page 612 On October 3, 2008, Governor Blagojevich signed into law Public Act 095-0994 "the Biometric Information Privacy Act," which regulates the manner in which biometric information can be collected and stored. 
R U monitoring employees’ text messages? By Helen W. Gunnarsson September 2008 LawPulse, Page 438  An employee had a reasonable expectation of privacy in private e-mail he sent during work hours on his employer-issued pager, the federal ninth circuit rules.
Access to library records allowed without a court order. PA 095-0040 December 2007 Illinois Law Update, Page 632 Section 1 of the Library Records Confidentiality Act has been amended to allow libraries to publish or make available registration and circulation records deemed confidential. 75 ILCS 70/1. 
Assembly restricts federal government employment verification systems. PA 095-0138 December 2007 Illinois Law Update, Page 632 Section 12 has been added to the Right to Privacy in the Workplace Act, prohibiting employers from using employment verification systems, including the Basic Pilot program. 820 ILCS 55/12. 
AIDS Confidentiality Act amended. PA 095-0007 November 2007 Illinois Law Update, Page 576 The Illinois General Assembly has changed the AIDS Confidentiality Act concerning informed consent for HIV testing and anonymous access to test results.
Strong public policy to disclose patient names to newspaper cannot override privacy June 2007 Illinois Law Update, Page 292 On April 9, 2007, the Illinois Appellate Court, Fifth District, affirmed the Circuit Court of Washington County's denial of the intervener's request that the court unseal the names of certain medical patients contained in a previous court order. 
Hospital not liable for off-duty worker’s disclosure of patient info By Helen W. Gunnarsson March 2007 LawPulse, Page 118 The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.
Basic “right to privacy” inherently includes interests of secrecy and seclusion February 2007 Illinois Law Update, Page 72 On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 
Personal Information Protection Act amended to help prevent identify theft- PA 094-0947 December 2006 Illinois Law Update, Page 650 With increasing concern over identity theft, the Illinois General Assembly amended the Personal Information Protection Act (Act), covering any data collector that owns or licenses personal information concerning an Illinois resident.
Eavesdropping statute applies only where all parties intend private communication September 2006 Illinois Law Update, Page 464 On June 23, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding transcriptions of instant message communications were not obtained in violation of Illinois' eavesdropping statute.
Employers’ liability for employees’ loose tongues By Helen W. Gunnarsson July 2006 LawPulse, Page 338 The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 
Banks and Federal Grand Jury Subpoenas: Resolving the Hobbesian Dilemma By Michael G. Cortina April 2006 Article, Page 200 Try not to let your bank clients get caught between the conflicting dictates of state and federal privacy laws.
Contending with HIPAA Privacy Standards in Illinois By Neville M. Bilimoria August 2002 Article, Page 414 This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.
Gravel walkway near home is not within curtilage of home and hence defendant has no expectation of privacy in property visible from the walkway August 2002 Illinois Law Update, Page 402 On May 28, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Central District of Illinois and the defendant's conviction.
Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux By Michele M. Jochner February 2002 Article, Page 70 In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.
Provisions of Hospital Licensing Act permitting disclosure of patient information within hospital and to hospital’s counsel held constitutional January 2002 Illinois Law Update, Page 14 On October 18, 2001, the Illinois Supreme Court, on direct appeal, reversed the circuit court, holding that the Hospital Licensing Act, 210 ILCS 85/6.17, did not violate the separation of powers doctrine, did not unreasonably violate a patient's right to privacy, and did not constitute impermissible special legislation.
The Legal Risks of Monitoring Employee Conduct By Spencer R. Wood March 2001 Article, Page 134 Employers face serious liability risks when they investigate and monitor workers.
Dissemination of secret videotapes or photographs now a Class 4 felony P.A. 91-910 October 2000 Illinois Law Update, Page 563 Knowingly videotaping or photographing persons in locker rooms, changing rooms, or hotel bedrooms will soon be a Class A misdemeanor under a new amendment to the Criminal Code.
The Lawyer’s Journal By Bonnie C. McGrath June 2000 Column, Page 308 Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.