In a recent decision, the Illinois court found that the Illinois Constitution guarantees a right of privacy. While the federal Constitution does not contain a privacy clause, the Illinois Constitution does. In the case, the court found the conditional privacy right extended to personal bank records where the state obtained them without a subpoena or the defendant’s permission.

TIP: Companies should keep in mind that many states have a constitutional right to privacy which can give plaintiff’s a cause of action even in the absence of a specific law mandating how personal information should be treated.