Illinois

Illinois generally recognizes the four privacy torts, although lower courts have disagreed about intrusion. See Melvin v. Burling, 490 N.E.2d 1011 (Ill. App. Ct. 1986) (recognizing intrusion); Kelly v. Franco, 391 N.E.2d (Ill. App. Ct. 1979) (not recognizing intrusion).

Intrusion: Footage that was shot from behind a two-way mirror of an undercover police officer at a massage parlor did not invade the officer’s privacy because his on-duty conduct was a legitimate public interest. Cassidy v. ABC, 377 N.E.2d 126 (Ill. App. Ct. 1978).

Filming a tattooed prisoner, stripped to his gym shorts, in an exercise cage may have invaded his privacy if the exercise cage were in a secluded area. Huskey v. NBC, 632 F.Supp. 1282 (N.D. Ill. 1986).

A prisoner’s right to privacy may have been invaded when he was filmed in his cell without his consent. Smith v. Fairman, 98 F.R.D. 445 (C.D. Ill. 1982).

Private Facts: A newspaper’s publication of photographs of a woman’s son as he was treated for a gunshot wound, and as he appeared after his death from that wound, supported a private facts claim brought by the woman. The photographs may have been highly offensive to the reasonable person. No private facts claim on the son’s behalf could survive, however, because a dead person’s privacy cannot be invaded. Green v. Chicago Tribune, 675 N.E.2d 249 (Ill. App. Ct. 1996).

False Light: A television station’s use of a judge’s name and photograph in its report about an investigation into alleged judicial corruption might portray the judge in a false light. Berkos v. NBC, 515 N.E.2d 668 (Ill. App. Ct. 1987), cert. denied, 522 N.E.2d 1241 (Ill. 1988).

The unauthorized publication by Hustler magazine of nude photographs sold to Playboy portrayed the woman in a false light because Hustler has a racier context and because a caption implied that she was a lesbian. Douglas v. Hustler, 769 F.2d 1128 (7th Cir. 1985), cert. denied, 475 U.S. 1094 (1986).

A hospital security guard could not claim false light invasion of privacy against a television station that taped a guard arresting the camera operator. Hunter v. Cook County, 21 Med. L. Rptr. 1920 (N.D. Ill. 1993).

Misappropriation: The use of a photograph from a newscast as a “teaser” prior to a broadcast was not misappropriation. Berkos v. NBC, 515 N.E.2d 668 (Ill. App. Ct. 1987), cert. denied, 522 N.E.2d 1241 (Ill. 1988).

Jesse Jackson was unlikely to prevail on a misappropriation claim concerning the sale of videotape of a television network’s reports on the 1988 Democratic Convention, which included a speech made by Jackson, because public figures have no misappropriation claim when their names and likenesses are used as part of news coverage. A court enjoined the sale of the videotape, however, because, without a disclaimer, Jackson’s name and image on the package could falsely imply endorsement in violation of the Lanham Act. Jackson v. MPI Home Video, 694 F.Supp. 483 (N.D. Ill. 1988).