US
Illinois Eavesdropping Act (720 ILCS 5/14)
Overview
The Illinois Eavesdropping Act is one of the strictest recording laws in the United States. It prohibits the surreptitious recording of any private conversation, and the surreptitious interception, recording, or transcription of any private electronic communication, without the consent of all parties. This makes Illinois an all-party consent state. The original statute was struck down by the Illinois Supreme Court in 2014 for being overly broad, and the General Assembly re-enacted a narrower version later that year focused on communications where at least one party has a reasonable expectation of privacy. Because the Act expressly covers private electronic communications, such as emails, texts, and chat messages, it is directly relevant to websites that record live chat and chatbot conversations, capture typed form inputs, or transmit visitor communications to third parties without consent, in the same way courts have applied similar wiretapping laws like California's CIPA to modern website technologies.
Regulation Summary
- 1961 – The eavesdropping article is included in the Illinois Criminal Code.
- 1994 – The statute is broadened to require all-party consent for virtually all recorded conversations, becoming one of the strictest recording laws in the nation.
- March 20, 2014 – The Illinois Supreme Court strikes down the statute as unconstitutionally overbroad in People v. Clark and People v. Melongo, because it criminalized even the open recording of public conversations.
- December 30, 2014 – Senate Bill 1342 (Public Act 98-1142) is signed into law and takes effect immediately, re-enacting the Act with a focus on the surreptitious recording of private conversations and private electronic communications.
- Any business that surreptitiously records, intercepts, or transcribes private conversations or private electronic communications involving people in Illinois, including out-of-state companies interacting with Illinois residents.
- Websites and mobile apps that record live chat and chatbot conversations, capture typed messages and form inputs, or transmit visitor communications to third-party vendors without disclosure.
- Businesses that record customer phone calls, video calls, or meetings involving Illinois participants.
- Employers monitoring employee communications and third-party vendors that receive or transcribe communication contents on behalf of businesses.
- Recording or interception with the consent of all parties is lawful, consent is the central compliance path.
- The Act protects only private conversations and private electronic communications, meaning those where at least one party has a reasonable expectation of privacy. Open recording of public conversations is not eavesdropping.
- The Act targets surreptitious conduct; recording that is openly announced and apparent to the parties falls outside its core prohibition.
- Interceptions conducted under the judicial authorization procedures of the Code of Criminal Procedure.
- Communication service providers acting in the ordinary course of business, and a civil safe harbor for parents or guardians monitoring their minor child's electronic accounts.
- Obtain the consent of all parties before recording any private conversation or intercepting, recording, or transcribing any private electronic communication involving Illinois residents.
- Make recording open and apparent rather than surreptitious: announce it clearly at the start of calls, chats, and meetings.
- Inventory all technologies that capture or transcribe communications, including call recording, meeting transcription, live chat, chatbots, and session capture tools.
- Ensure third-party vendors do not receive or transcribe the contents of communications before consent is obtained.
- Adopt internal policies prohibiting non-consensual recording in the workplace and train staff accordingly.
- Display a clear notice before live chat and chatbot sessions stating that the conversation may be recorded, transcribed, or shared with third parties, and obtain consent before the session proceeds, this removes the surreptitious element and establishes consent.
- Obtain prior consent before deploying tools that capture what visitors type, such as session replay with keystroke capture or form analytics, particularly where the content is personal or sensitive.
- Block non-essential recording and tracking scripts until consent is given, and respect the visitor's choice if they decline.
- Disclose in the privacy policy which communications are recorded or transcribed, for what purposes, and which third parties receive them.
- Keep timestamped records of consent for each recorded interaction.
- Remember that Illinois is an aggressive privacy litigation venue, home to the Biometric Information Privacy Act class action wave, so clear, provable consent practices matter more here than almost anywhere else.
- The Act's key concepts are “surreptitious” and “private”: liability arises when recording is done in a manner intended to be hidden, and where a party reasonably expects privacy. Open, disclosed recording with consent addresses both.
- Private electronic communications expressly include digital messages, emails, texts, and chats, where a party intends privacy, so customer chat transcripts and support conversations deserve particular care.
- Businesses using AI tools that transcribe calls, meetings, or chats should treat transcription the same as recording and obtain all-party consent first.
- Review vendor agreements to confirm how chat, transcription, and analytics providers handle Illinois visitors' communications.
- The right not to have private conversations or private electronic communications surreptitiously recorded, intercepted, or transcribed without consent.
- A private right of action.
- Damages are also available against landlords, owners, building operators, or common carriers who knowingly aid, abet, or permit the eavesdropping.
- Criminal enforcement: Eavesdropping is a Class 4 felony for a first offense, punishable by 1 to 3 years in prison, and a Class 3 felony for subsequent offenses, punishable by 2 to 5 years. Penalties are elevated when the victim is a law enforcement officer, State's Attorney, Attorney General, or judge acting in official duties.
- Civil enforcement: Private lawsuits under Section 14-6 for injunctions, actual damages, and punitive damages, with no cap specified in the statute.
- Evidentiary consequences: Illegally obtained recordings are generally inadmissible in Illinois proceedings.