State of Illinois
92nd General Assembly

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 1        AN ACT in relation to privacy.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Electronic Privacy Act.

 6        Section 5.  Definitions.  In this Act:
 7        "Electronic   monitoring"   means   the   collection   of
 8    information  concerning employee activities or communications
 9    by any means other than direct observation, including but not
10    limited to the use of a  computer,  telephone,  wire,  radio,
11    camera,  electromagnetic,  photoelectronic,  or photo-optical
12    system.
13        "Employee" means any person who performs services for  an
14    employer  in  exchange  for financial remuneration, including
15    part time, leased, or former employees.
16        "Employer" means any person, partnership, corporation, or
17    other entity engaged in  commerce  or  any  other  person  or
18    organization  that  obtains  the  services  of individuals in
19    exchange for financial remuneration.

20        Section 10.  Information that may be collected.
21        (a)  An employer may use electronic monitoring to collect
22    any information so long as the information  is  collected  at
23    the  employer's  premises  and the information is confined to
24    the employee's work.
25        (b)  Notwithstanding the provisions of subsection (a)  of
26    this   Section,  electronic  monitoring,  including  security
27    cameras, the sole purpose and principal effect of which is to
28    collect information permitted by this Act, is not  prohibited
29    even  if  the electronic monitoring collects some information
30    about  employees that is not confined to the employee's work.
                            -2-                LRB9215726WHcs
 1        Section 15.  General notice.
 2        (a)  Each employer that engages in any type of electronic
 3    monitoring  shall  provide  prior  written  notice   to   all
 4    employees who may be affected.
 5        This notice shall provide all of the following:
 6             (1)  The information that is to be collected.
 7             (2)  The  means  by  which this information is to be
 8        collected.
 9             (3)  The times at which the electronic monitoring is
10        to occur.
11             (4)  The  location  of  the  electronic   monitoring
12        equipment.
13             (5)  The  use  to be made of the information that is
14        collected.
15             (6)  The identity  of  the  employees  who  will  be
16        monitored.
17    However,  if  an  employer  has reasonable grounds to believe
18    that employees are engaged in conduct that violates the legal
19    rights of  the  employer  or  the  employer's  employees  and
20    involves  significant  harm to that party and that electronic
21    monitoring will produce evidence of this misconduct, then the
22    employer may conduct  electronic  monitoring  without  giving
23    notice.
24        (b)  If   an  employer's  electronic  monitoring  program
25    includes the employer's customers or members of  the  public,
26    then  the  employer  shall  provide notice to those affected.
27    This notice may take any form that is  reasonably  calculated
28    to reach the affected parties.

29        Section  20.   Simultaneous notice. Employers that engage
30    in random or periodic  electronic  monitoring  of  employees'
31    communications,  such  as  telephone  service  observation or
32    monitoring of electronic  mail,  shall  inform  the  affected
33    employees  of the specific events that are being monitored at
                            -3-                LRB9215726WHcs
 1    the time the electronic monitoring  takes  place.    However,
 2    employers  who  are  engaged  in  a bona fide quality control
 3    program need not provide simultaneous notice.   A  bona  fide
 4    quality control program is an employer program that meets all
 5    of the following requirements:
 6             (1)  The   information   collected  relates  to  the
 7        performance of a specific defined task.
 8             (2)  The employer has a  written  standard  for  the
 9        performance of this task.
10             (3)  The  purpose  of  the program is to compare the
11        performance of  employees  performing  the  task  to  the
12        standard.
13             (4)  Information  is collected on a reasonably equal
14        basis  regarding  the  performance   of   all   employees
15        performing the task.
16             (5)  The  affected  employees  are given feedback on
17        the employer's evaluation of their performance at a  time
18        when  they  can  reasonably  be  expected to remember the
19        events upon which their evaluation is based.

20        Section 25.  Private areas.  No electronic monitoring may
21    take place in bathrooms, locker rooms, shower facilities,  or
22    other similar private areas.

23        Section    30.    Disclosure.    Information   concerning
24    employees that is collected through electronic monitoring may
25    be disclosed only (i) with the prior written consent  of  the
26    employee,  although  that consent shall not be a condition of
27    employment, (ii) to officers, employees, or authorized agents
28    of  the  employer  who  have  a  legitimate  need   for   the
29    information  in   performance  of  their  duties, or (iii) to
30    appropriate law enforcement agencies.

31        Section 35.  Non-retaliation.  No employer may discharge,
                            -4-                LRB9215726WHcs
 1    discipline, or in any other manner  discriminate  against  an
 2    employee  because the employee has asserted his or her rights
 3    under this Act, assisted other employees in  asserting  their
 4    rights  under  this  Act, reported violations of this Act, or
 5    participated in enforcement actions under this Act.

 6        Section 40. Enforcement.
 7        (a)  The  Attorney   General   has   the   authority   to
 8    investigate alleged violations of this Act.  Any employer who
 9    is  found  to  have violated this Act is guilty of a business
10    offense.  The penalty is a fine of not more than $2,000.
11        (b)  Any person whose rights under  this  Act  have  been
12    abridged may file a civil action.  Any employer that violates
13    this  Act shall be liable to the person aggrieved for special
14    and general damages, together with attorney's fees and costs.
15        (c)  Any employer that commits or proposes to  commit  an
16    act  in  violation of this Act may be enjoined from violating
17    this Act by any court of competent jurisdiction.

18        Section 45.  Waiver of rights.  The  rights  provided  by
19    this  Act  may not be waived by contract or otherwise, unless
20    the waiver is part of  a  written  settlement  to  a  pending
21    action or complaint.

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