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Seventh Circuit Affirms Summary Judgment Against Illinois Eavesdropping Law Claim

Illinois is somewhat unique among the states when it comes to its eavesdropping statute. Illinois has a statute which prohibits recording a phone conversation unless all the parties to the conversation consent. 720 ILCS 5/14-2(a)(1). In the same act, persons are barred from later using or distributing any data procured through a recording that lacks the required unanimous consent. 720 ILCS 5/14-2(a)(3). There are exceptions, and a significant one covers a situation where one of the parties to the conversation has fear of a crime occurring. 720 ILCS 5/14-3(i). The statutory exception imposes specific requirements, including that one of the parties to the conversation makes or requests the making of the recording, that said person has a reasonable suspicion that another party to the conversation has committed, is committing, or is about to commit a crime against that person or a member of that person's immediate household, and that the recording of the conversation may produce evidence of that criminal offense. Id. More ›