We have received questions about allowing customers to take pictures in our bank lobby or record in-person interactions with bank staff. We would like to prohibit these activities to protect other customers’ privacy and protect sensitive information from disclosure. Should we post signs stating that such activity is prohibited? How do other banks handle this, and what are the best practices?

Yes, we recommend posting signs if your bank adopts a policy prohibiting unauthorized photography and video recording on bank premises so that your customers and guests are put on notice of this policy. Your bank also may wish to train frontline staff on how to respond when customers take unauthorized photos or video.

The American Bankers Association’s Bank Security Committee conducted a survey in 2017 to determine how many banks have a policy prohibiting customers from recording in-person interactions with branch staff. Although most banks responded that they did not have such a policy in place, a small group responded that they had a policy prohibiting customers from taking photos and videos inside their branches and facilities due to the potential for the disclosure of sensitive information.

A subsequent article in the ABA’s Banking Journal provided a sample procedure for frontline bank staff to follow when dealing with customers taking unauthorized photos or video. The procedure involves informing a customer who is taking unauthorized photos or video that such conduct is prohibited due to security and confidentiality concerns, asking the customer to put their phone or camera away, referring the customer to the posted signage, informing the customer that the bank is private property, and escalating the matter to a manager, if necessary.

Also, we note that Illinois’ criminal eavesdropping law prohibits a person from surreptitiously recording a private conversation without the consent of all parties to the conversation. However, this law arguably would not apply to a customer who openly records a conversation on your bank premises.

For resources related to our guidance, please see:

ABA Banking Journal, Avoiding a Smartphone Surprise (September 19, 2018) (“To get a sense of how banks are addressing this issue, the American Bankers Association Bank Security Committee conducted a survey of its members last fall to determine whether banks have a policy prohibiting customers from recording in-person interactions with branch staff. ‘The majority of respondents reported they did not have such a policy,’ says Wyson-Constantine. Meanwhile, a small share ‘indicated that they do have a policy in which they do not allow customers to take photos or videos inside their branches and facilities because of the potential for disclosure of sensitive information.’”)

ABA Banking Journal, Avoiding a Smartphone Surprise (September 19, 2018) (“A sample procedure frontline bank staff can follow to politely address customers who are taking unauthorized photos or video on bank property without permission.

1. When addressing a customer who is taking photos or video without permission, please smile and be polite. Explain that due to security and confidentiality reasons, unauthorized photography of any kind is not permitted on bank property and ask them to kindly put their phone/camera away.

2. If they refuse, refer to them to signs posted on the doors stating that photography of any kind is prohibited on the premise. If they persist, let them know that this is not public property, it is private property and we have the right to ask them to stop taking photos and/or video.

3. If they continue to refuse, contact a manager. If you are handling a transaction for them, discontinue the service until the issue is resolved.”)

Illinois Criminal Code, 720 ILCS 5/14-2(a) (“A person commits eavesdropping when he or she knowingly and intentionally: (1) 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 not a party unless he or she does so with the consent of all other parties to the private 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 other parties to the private conversation; . . .”)

Illinois Criminal Code, 720 ILCS 5/14-1(g) (“For purposes of this Article, ‘surreptitious’ means obtained or made by stealth or deception, or executed through secrecy or concealment.”)