Publications

Articles on Privacy

Illinois’ biometric privacy law back in the news

By Matthew Hector
December
2017
LawPulse
Page 10
The Illinois Biometric Information Privacy Act is unique in allowing private parties to sue and including a fee-shifting provision.

Divorce, email, and the Wiretapping and Electronic Surveillance Act

By Matthew Hector
February
2017
LawPulse
Page 14
The seventh circuit okays a lawsuit by a divorcing husband who alleges his wife intercepted his email in violation of the federal Wiretapping and Electronic Surveillance Act.

Absent a voluntary undertaking, a corporation is not liable if a member hotel reveals a guest’s identity and room number without the guest’s consent

November
2016
Illinois Law Update
Page 18
The Illinois Appellate Court held that a corporation was not liable where it did not undertake a privacy standard to refrain from identifying hotel guests or their room numbers to others without the guest's consent.

Court rejects right-of-publicity claim against Avvo

By Matthew Hector
November
2016
LawPulse
Page 12
A federal district court found that Avvo did not run afoul of the Illinois Right of Publicity Act by creating profile pages without plaintiffs' consent and using them to sell advertising to competing attorneys.

Amendments to the Personal Information Protection Act expand protected personal information to include online account access information

July
2016
Illinois Law Update
Page 18
Amendments to the Personal Information Protection Act ("the Act") expand the classes of information protected under the Act

Class action suit alleges Google is violating Illinoisans’ ‘biometric’ privacy

By Matthew Hector
May
2016
LawPulse
Page 10
The plaintiff alleges that Google is using "face geometry" without permission in violation of the Illinois Biometric Information Privacy Act, one of two such statutes in the U.S.

Getting Smart about Smart-Device Privacy

By David M. Adler
April
2016
Article
Page 48
There have been a range of developments and regulatory actions around the "Internet of Things." This overview identifies risks and suggests some best practices for addressing privacy and security issues raised by these connected devices.

The Two Faces of Eavesdropping

By Ed Finkel
June
2015
Cover Story
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.

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