Hello,

I'm manager for a company and the owner of thsi company ask me to install camera in our facility. After I found some, he asked me also to install microphones. I don't really feel good about doing this kind of think so I would like to make sure that this is not illegal in ILLINOIS.

Thank you,
Mickael

No, it's not legal in Illinois.

720 Ill. Compiled Stat. Ann. 5/14-1, -2: An eavesdropping device cannot be used to record or overhear a conversation without the consent of all parties to the conversation under criminal statutes. An eavesdropping device is anything used to hear or record a conversation, whether the conversation is in person or conducted by any means other than face-to-face conversation, such as a telephone conversation.

In addition, it is criminally punishable to disclose information one knows or should know was obtained through an eavesdropping device. Offenses of the eavesdropping law are punishable as felonies, with first offenses categorized as lesser felonies than subsequent offenses. 720 Ill. Compiled Stat. Ann. 5/14-4. Civil liability for actual and punitive damages is authorized as well. 720 Ill. Compiled Stat. Ann. 5/14-6.

Standard radio scanners are not eavesdropping devices, according to a 1990 decision from an intermediate appellate court. Illinois v. Wilson, 554 N.E.2d 545 (Ill. App. Ct. 1990). A camera is not an eavesdropping device. Cassidy v. ABC, 377 N.E. 2d 126 (Ill. App. Ct. 1978).

It is also illegal for any person to "videotape, photograph, or film another person without that person's consent in a restroom, tanning bed, or tanning salon, locker room, changing room or hotel bedroom." 720 Ill. Compiled Stat. Ann. 5/26-4(a).

Hello,

Thank you for your answer but I want to be clear. The microphone we intend to install would be with the camera to have the sound with the pictures. it's not to record phone conversation but conversation in the following rooms:
- Cashier windows (to knwo what our customers are saying)
- Garage (technicians argue with customers)
- Meeting room
- technicians room (because they sit on their chair talking all the time instead of working as soon as management is not here)


Could you tell me is thsi enter in category of eavesdropping?

Thank you,
Mickael

This portion of the statute seems quite clear to me: An eavesdropping device cannot be used to record or overhear a conversation without the consent of all parties to the conversation under criminal statutes. An eavesdropping device is anything used to hear or record a conversation, whether the conversation is in person or conducted by any means other than face-to-face conversation, such as a telephone conversation.

If you want more specific legal info that that, you (or the boss) will need to consult with a local attorney.

Now can I use microphones to listen in real time to conversation without recording?

Once again, if you need more specific information, you will need to speak to a local attorney. What I can't advise you on is any case law in your State that further clarifies how that statute has been applied.