Privacy is a person’s legally protected interest in preventing government or other intrusion into their homes; their communications (phone, e-mail, in-person); their luggage; certain compartments of their motor vehicle (glovebox, trunk); their personally identifiable information (PII); their body (hair, clothing, unexposed body parts); their image and likeness (through unauthorized use); and other information, places, and property (real and personal) in which persons have a reasonable expectation of privacy.

People generally do not have a right to privacy from being photographed or heard (if done without use of surreptitious electronic or other surveillance technologies) in public places—essentially, when they step outside of their home. There are exceptions to this general rule in which persons do have a right to privacy—such as in a doctor’s exam room or when making a phone call in a phone booth.

The Fourth Amendment to the United States Constitution protects people against government intrusions into their privacy.

And state and federal laws (statutes and court opinions) generally protect persons from unauthorized use of their personal information and from intrusions into their privacy by nongovernmental persons or entities. These protected privacy interests are generally limited to areas in which persons have a reasonable expectation of privacy (home, health information, image and likeness, e-mail communications, etc.)—and these laws vary from state to state.

In Illinois, privacy is recognized as a legally protected interest, and individuals are safeguarded against unwarranted intrusions by both government and non-governmental entities. The Fourth Amendment of the U.S. Constitution provides a foundational layer of protection against government intrusions, particularly in areas where individuals have a reasonable expectation of privacy, such as their homes, personal communications, and certain areas of their vehicles. Illinois law complements these protections by addressing the unauthorized use of personally identifiable information (PII) and safeguarding individuals' privacy in various contexts, including health information and electronic communications. The Illinois Biometric Information Privacy Act (BIPA), for example, regulates the collection, use, and storage of biometric identifiers. While individuals generally do not have a right to privacy in public spaces, Illinois recognizes exceptions where a reasonable expectation of privacy exists, such as in medical settings or when using a phone booth. It is important to note that privacy laws can be complex and context-specific, and they may vary significantly in their application and enforcement.