We are not aware of a requirement that banks post signage alerting customers that security cameras may be recording them, but we believe that some businesses may post such signs as a precaution in Illinois to avoid any possibility of criminal eavesdropping.

Illinois’s criminal eavesdropping law prohibits persons from surreptitiously recording private conversations without the consent of all parties to the conversation. But the law does not apply to recordings that are not “surreptitious,” nor does it apply if the parties do not have a reasonable expectation that the conversation is private.

We believe it is unlikely that recording a private conversation inside a bank would constitute criminal eavesdropping, since it would be difficult to show that such a conversation could reasonably be considered “private.” To further mitigate any risks of criminal eavesdropping, posting signage to alert individuals in your branches that their conversations may be recorded for security purposes should eliminate arguments that your bank’s recordings are surreptitious.

For resources related to our guidance, please see:

• 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(a) (“Eavesdropping device. An eavesdropping device is any device capable of being used to hear or record oral conversation or intercept, or transcribe electronic communications whether such conversation or electronic communication is conducted in person, by telephone, or by any other means; Provided, however, that this definition shall not include devices used for the restoration of the deaf or hard-of-hearing to normal or partial hearing.”)

• 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.”)

• Illinois Criminal Code, 720 ILCS 5/14-1(d) (“Private conversation. For the purposes of this Article, ‘private conversation’ means any oral communication between 2 or more persons, whether in person or transmitted between the parties by wire or other means, when one or more of the parties intended the communication to be of a private nature under circumstances reasonably justifying that expectation. A reasonable expectation shall include any expectation recognized by law, including, but not limited to, an expectation derived from a privilege, immunity, or right established by common law, Supreme Court rule, or the Illinois or United States Constitution.”)