Audiotaping, Videotaping, and Archiving Live Classroom Activity

The State of Illinois requires you to obtain consent from each person heard or recorded before audiotaping, videotaping, or archiving live classroom activity. Failing to obtain consent to produce such recordings is a Class 4 felony offense and could lead to prosecution or penalty under the eavesdropping statute for the State of Illinois. Each course syllabus must refer to the consent requirements for recordings under the eavesdropping statute, and such requirements should be discussed during the first class session.

Planned recording/archiving of blended/online courses must be preceded with the written permission of each student heard or recorded.

The relevant portion of the Illinois Criminal Code is below.

CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 1961.

(720 ILCS 5/Art. 14 heading) ARTICLE 14. EAVESDROPPING

(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definition. (a) Eavesdropping device. An eavesdropping device is any device capable of being used to hear or record oral conversation or intercept, retain, 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.

(a) A person commits eavesdropping when he:

1) Knowingly and intentionally uses an eavesdropping device for the purpose of earing or recording all or any part of any conversation or intercepts, retains, or transcribes electronic communication unless he does so (A) with the consent of all of the parties to such conversation or electronic communication…