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ISPLA Update-Privacy Decision of Note

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  • Peter Psarouthakis
    Illinois Supreme Court recognizes privacy tort and holds employer liable under agency law This is a follow-up to a case reported on by ISPLA when it first
    Message 1 of 1 , Dec 7, 2012
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      Illinois Supreme Court recognizes privacy tort and holds employer liable
      under agency law

      This is a follow-up to a case reported on by ISPLA when it first broke in
      2009. Among other issues it concerns pretexting by a private investigating
      firm in Illinois and employment law litigation involving the subject of the
      investigation. Our thanks to our colleague Pat Clawson in Michigan for this
      update from the Littler employment law firm and the case law which we
      recommend be reviewed by investigative professionals.

      On October 18, 2012, the Illinois Supreme Court delivered an
      important decision for Illinois employers in Lawlor v. North American
      Corporation of Illinois, Case No. 112530 (Oct. 18, 2012). The court
      not only confirmed that the tort of intrusion upon seclusion is
      recognized in Illinois, it also applied principles of agency law to
      find an employer liable for the torts of a non-employee private
      investigator because the investigator was acting as the employer's agent.


      -------------------------------------------
      The full report is at:


      <http://www.lexology.com/library/detail.aspx?g=0fe40258-7786-45a2-bac8-5ae2b
      13f5679>
      http://www.lexology.com/library/detail.aspx?g=0fe40258-7786-45a2-bac8-5ae2b1
      3f5679

      The text of the court decision is at:

      http://www.state.il.us/court/opinions/SupremeCourt/2012/112530.pdf

      Bruce Hulme
      ISPLA Director of Government Affairs
      www.ISPLA.org



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