Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I collect location information from participants in Illinois? What are the requirements?

Collecting Location Information in Illinois

In Illinois, the collection of location information is regulated by the Freedom From Location Surveillance Act [2.4]. According to this act, a law enforcement agency shall not obtain location information pertaining to a person or his or her effects without first obtaining a court order based on probable cause [2.6]. However, there are exceptions to this rule [2.5].

Exceptions to Obtaining Location Information

A law enforcement agency may seek to obtain location information in the following circumstances:

  1. To respond to a call for emergency services concerning the user or possessor of an electronic device [2.5].
  2. With the lawful consent of the owner of the electronic device or person in actual or constructive possession of the item being tracked by the electronic device [2.5].
  3. To lawfully obtain location information broadly available to the general public without a court order when the location information is posted on a social networking website, or is metadata attached to images and video, or to determine the location of an Internet Protocol (IP) address through a publicly available service [2.5].
  4. To obtain location information generated by an electronic device used as a condition of release from a penal institution, as a condition of pre-trial release, probation, conditional discharge, parole, mandatory supervised release, or other sentencing order, or to monitor an individual released under the Sexually Violent Persons Commitment Act or the Sexually Dangerous Persons Act [2.5].
  5. To aid in the location of a missing person [2.5].
  6. In emergencies as defined in the act [2.5].
  7. To obtain location information relating to an electronic device used to track a vehicle or an effect which is owned or leased by that law enforcement agency [2.5].

Requirements for Obtaining Location Information

To obtain location information, a law enforcement agency must first obtain a court order based on probable cause [2.6]. The order must be limited to a period of 60 days, renewable by the judge upon a showing of good cause for subsequent periods of 60 days [2.6].

The law enforcement entity making the request, and the court authorizing the request shall follow the procedure under subsection (c) of Section 108-4 of the Code of Criminal Procedure of 1963 which authorizes the electronic issuance of search warrants [2.6].

Collecting Location Information from Participants

If you are not a law enforcement agency, you are not authorized to collect location information from participants in Illinois without their lawful consent [2.5].

Source(s):
Jurisdiction

Illinois