Chicago, IL asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois

Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to help me out. But recently I been experiencing a lots of weird sounds and it seems someone is secretly spying on me/ recording me through Devices either above the ceiling and or in electronics or through the walls. Now I know I’m not suppose to live here because it’s against the law but it’s only temporary but the room has been converted to a bedroom. I have permission to be here so recording me for work place theft or vital employee production wouldn’t make sense maybe in the hallways but directly in the room? I am not saying the business owner is the one doing it which would be my friend but maybe the maintenance man or property owner since this business is inside a big building with other business

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom, generally remains protected under the law. This means that being recorded without your consent in these areas is often illegal, especially if you have not been notified about the surveillance.

If you suspect you're being recorded without your consent, it's advisable to first gather any evidence you can safely obtain without putting yourself in jeopardy. This could include noting times when you hear strange noises or suspect recording devices are active. However, avoid taking any action that could be considered invasive or illegal, such as tampering with suspected surveillance equipment.

Discussing your concerns with the business owner, your friend, could also provide clarity. Since he offered you the space, he might not be aware of the surveillance, if there is any, and could help address the situation. If the issue persists or if you feel your privacy is being violated, seeking legal advice would be a prudent next step to understand your rights and options in this situation. Legal professionals can offer guidance specific to your jurisdiction and the particulars of your case, including potential actions against unauthorized surveillance.

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