Meta Glasses/Secret Recording Devices
Ray-Ban Meta Glasses retail for around $500 and are becoming a popular way to record candid moments or “POV” (point-of-view) videos for social media apps like TikTok or Instagram. While in theory little more than a fun, handsfree way to shoot videos for social media, many worry about the privacy and security risks of the glasses due to their low profile. It is important for both Meta Glasses users – and people who may interact with users – to understand the laws surrounding surreptitious recording in Illinois.
Can I be recorded without my consent or knowledge in Illinois?
In Illinois, and the United States in general, individuals generally have the right to take photographs and/or make video recordings of anyone in public. In a public area, like the street, sidewalk, or at a park, Courts have found that individuals have no expectation of privacy, and therefore no protection from photographs or videos taken of them going about daily life.
One area where the law will protect your privacy is in terms of conversation. Illinois Criminal law prohibits “Eavesdropping,” or secretly recording a conversation you are a part of, or just overhear, without consent. Illinois is often referred to as a “two-party consent” state, which means that every party involved in the conversation must know, and further, must agree to the fact that the conversation is being recorded.
As long as both parties to the conversation are aware that their words are being recorded, and both choose to continue speaking, consent has been given. The principal remains the same for Meta Glasses, although the individual being recorded must be made aware – the small indicator light on the glasses would likely not suffice.
Times when you should leave the Meta Glasses at home
One major area where video recording should be avoided is inside of a courtroom.
Illinois Supreme Court Rule 44 specifically probits “televising” court proceedings in the state, with televising being defined as “the audio or video transmissions or recordings made by telephones, personal data assistants, laptop computers, and other wired or wireless data transmission and recording devices.”
In Illinois, the Courthouse you’re likely to go to for a traffic ticket or Family law hearing is a branch of one of Illinois’ 25 Circuit Courts. In addition to the Supreme Court Rules, each Circuit is empowered to make its own “Local Rules.” While the Local Rules may vary in some ways, nearly every Circuit will have a rule that specifically bans recording devices from the Courtroom.
In Kane County, the 16th Judicial Circuit, Local Rule 1.11 specifically prohibits any recording, be it photographic, videographic, or audio, in any courtroom, whether your hearing is in person or via an electronic means such as Zoom. DuPage County, the 18th Judicial Circuit, Local Rule 1.30 holds the same. Rule 1.30 even bans devices capable of recording from being on the premises, provided the device doesn’t have some other independent use, like a laptop or smartphone.
Penalties for violating these rules surrounding the recording of Court can be severe – including even jail time. Many rules allow a judge to punish unauthorized videography with Contempt of Court. In Lake County, the 19th Circuit, Judges are allowed to punish contempt with a fine up to $500 and/or jailtime up to 6 months.
Written by Colman Gillis – Law Clerk, Storm & Piscopo, P.C.