Illinois bill would let children sue over hidden cameras and require inspectors to check for them

A child, or a parent or guardian for the child, may sue a person or entity that knowingly makes or sends a video record of the child with a hidden or disguised device, or in a way meant to avoid detection, without the parent's or guardian's consent. The places covered are restrooms, tanning beds and salons, locker rooms, changing rooms, hotel guest accommodations, and areas in a residence where the child does not live and would expect privacy. The law does not apply to the child's parent or legal guardian unless another law prohibits their action. It does not apply to recordings made by law enforcement in lawful official duties, or made in good faith to report unlawful conduct.

A child who proves by a preponderance of the evidence that a defendant violated the Act is treated as having been harmed. The child does not need to present extra evidence of harm, but may present evidence of how much harm occurred.

A plaintiff may use a pseudonym, and the court may exclude or redact other identifying information from filings. The plaintiff must file and serve a confidential form with the real name. A defendant may ask for the same privacy protections, and the court may grant or deny the request.

A prevailing plaintiff may recover economic and noneconomic damages, including emotional distress, punitive damages, and reasonable attorney's fees and costs. Other rights and remedies under Illinois law are not limited. A suit must be filed within 2 years after the claim was discovered or should have been discovered. For a child, that time does not start until the child becomes emancipated or reaches the age of majority. The Act applies to claims that accrue on or after its effective date, which is when it becomes law.

When a State agency or local government is required to inspect a restroom, tanning bed or salon, locker room, changing room, or hotel guest accommodations, it must also inspect for hidden cameras. If an inspector finds one, the agency must immediately notify law enforcement. Anyone else who finds one must immediately notify law enforcement and preserve reasonably available evidence until it is collected.