Jan 302015
 
 January 30, 2015  Laws, Surveillance, U.S., Workplace

Philip L. Gordon and Kathryn E. Siegel write:

llinois’ controversial eavesdropping statute was finally amended, effective December 30, 2014, to replace the version of the statute that the Illinois Supreme Court struck down as unconstitutional in March 2014.  The amended statute attempts to remedy the constitutional infirmities identified by the Illinois Supreme Court. Most significantly, the amendments narrow the statute to permit recording of conversations in public places, such as courtrooms, that no person reasonably could expect to be private.  The challenge for employers, especially in an era when surreptitious audio recording requires only the tap of a smartphone “app”, is that the revised statute sets ambiguous standards for determining whether a recording is unlawful.

Read more on Littler Workplace Privacy Counsel.