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I am a licensed psychotherapist in Illinois. Can I sue my…

I am a licensed...

I am a licensed psychotherapist in Illinois. Can I sue my client if I find out he is secretly videotaping our sessions? Thanks,Bob

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Has anything been filed or reported?

Not for this issue.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just found out. He did this with a local county investigator. I am sueing her in federal court for illegally seizing my files. Case is York vs Moylan. I just found out about this today when I received a disc copy of discovery

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Customer reply replied 8 months ago
The client signed an intake form where he agreed to abide by state and federal confidentiality laws, which I believe prohibit the tape recording of sessions.
Answered in 9 minutes by:
11/23/2017
Ray
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Yes you can ,Illinois is a two part consent state, you did not consent to this.

Illinois wiretapping law. ... Article 14, also called the Illinois eavesdropping law) was a "two-party consent" law. Illinois made it a crime to use an "eavesdropping device" to overhear or record a phone call or conversation without the consent of all parties to the conversation.

Illinois wiretapping law - Wikipedia

It is also a crime so you should report it to law enforcement.It is an invasion of your privacy as well.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

I wish you a Happy Thanksgiving.

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On December 30, 2014, Gov. Quinn approved new rules regarding how private conversations can be recorded following the Illinois Supreme Court’s decisions this past March in People v. Clark, 2014 IL 115776 and in People v. Melongo, 2014 IL 114852, which struck down Illinois’ prior eavesdropping law for being overly-broad. Illinois’ previous eavesdropping law was among the strictest in the nation, making it illegal to record anyone, even in public, without their permission.

The new law now draws a distinction between a “private” conversation and other public communications, and provides that a person commits eavesdropping when he or she knowingly and intentionally:

1) uses an eavesdropping device, in a “surreptitious manner,” for the purpose of overhearing, transmitting, or recording all or part of a “private” conversation to which he or she is not a party unless he or she does so with the consent of all the parties to the conversation;

2) uses an eavesdropping device, in a “surreptitious manner,” for the purpose of transmitting or recording all or any part of any “private” conversation to which he or she is a party unless he or she does so with the consent of all of the parties to the private conversation; or

3) intercepts, records, or transcribes, in a “surreptitious manner,” any “private” electronic communication to which he or she is not a party unless he or she does so with the consent of all other parties to the private electronic communication.

The statute defines “surreptitious manner” as “obtained or made by stealth or deception, or executed through secrecy or concealment.”

Thus, the new eavesdropping law requires that all parties involved in a “private” conversation give their permission to be recorded. The new statute defines a “private” conversation as an oral communication between two or more people in which the parties have a “reasonable expectation” that the discussion will remain private. The statute provides no definition of what entails a “reasonable expectation” of privacy, thereby leaving the courts to determine this on a case-by-case basis.

This means, for example, that it would likely be illegal for one party to secretly record another party over the phone or in a home setting. It would be legal, however, to record that same conversation if it were taking place loudly on the street in public. In other words, if it happens in public, without a reasonable expectation of privacy, it can be recorded absent consent of the other party. The bottom-line is that everyone in a “private” conversation must consent to the recording.

The new eavesdropping law also prohibits the use or disclosure of any information which a party knows or reasonably should know was obtained from a “private” conversation or “private” electronic communication in violation of the provisions in the statute, unless he or she does so with the consent of all of the parties. Thus, the new law also appears to make it a crime for someone to forward an email or other electronic communication (i.e. a text message) that the sender intended to be private without that party’s consent. See §14-2(a)(5).

The new law was effective as of December 30, 2014.

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Customer reply replied 8 months ago
Ray, Are you sure? Even though it was a local police investigator who did the taping,with this kid.?
Customer reply replied 8 months ago
I am protected by psychology confidentiality laws, so I think this police investigator acted illegally with this client. Am I right?

Yes Illinois is 2 party consent state the kid never consented.It is a crime and civil suit if kid wants to pursue it here.

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Customer reply replied 8 months ago
I am the psychotherapist! Can I sue my client who illegally taped recorded me?

Yes you can here under the law.

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Customer reply replied 8 months ago
Thank you!

Happy Thanksgiving thanks for rating 5 stars at top of page.

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