Is it legal if my roommate has a video recording device in the livingroom?

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Is it legal if my roommate has a video recording device in the livingroom?

It’s not hidden.

Asked on September 3, 2018 under Personal Injury, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Any lawful occupant of a premises can place video equipment in either their room or any common areas (except those areas where a reasonable expecatation of privacy is expected, such as bathrooms). They may not place such equipment in an area that is 100% under the control of another (i.e. they cannot place a video device in their roommate's bedroom, etc.). That having been said, while the law is in flux, in IL no recordings can be made without the consent of all parties to the conversation, phone call, etc.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal. Any one who lawfully occupies or possess a residential unit may emplace video (not audio) cameras in any are of the unit which is not 100% under the control of another (e.g. your bedroom) and/or where it is reasonable that people will not be undressed or engaged in intimate activity (e.g. not in bedrooms, bathrooms).


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