The Hinsdale Police Department is currently investigating a disturbing allegation involving the purported discovery of hidden cameras at Reflexion Spa in Hinsdale, Illinois. According to initial reports, the devices may have been installed without the knowledge or consent of clients or employees. As authorities work to uncover the full extent of the surveillance and identify who may be responsible, the case raises significant concerns about privacy rights, business responsibilities, and criminal liability.
While the investigation remains active, and no formal charges have been announced, it’s an opportune moment to examine the legal consequences that can arise from such invasive acts—both for businesses that fail to protect their premises and for individuals who engage in unauthorized surveillance.
Civil Liability for Businesses: Duty to Protect Patrons’ Privacy
Businesses that operate in sectors requiring a high level of customer trust—like spas, salons, and medical offices—have a legal duty to maintain reasonably safe and private environments. Failure to monitor for hidden cameras or other privacy violations can expose a business to civil liability, particularly under negligence and invasion of privacy claims.
Negligence Claims
If a business fails to take reasonable steps to ensure the privacy of its patrons, victims may claim the business was negligent. This could involve a failure to conduct routine inspections, install anti-surveillance measures, or respond to complaints about suspicious behavior. The key legal questions become:
- Did the business owe a duty of care to the victims?
- Was that duty breached by failing to prevent the hidden surveillance?
- Did the breach directly cause harm or emotional distress?
In many jurisdictions, emotional distress stemming from a privacy invasion can result in compensatory damages, including mental anguish, lost income, and medical expenses related to psychological care.
Invasion of Privacy
Illinois recognizes the tort of intrusion upon seclusion, which allows individuals to sue for unauthorized intrusions into their private lives. If a business is complicit in or negligent about hidden surveillance, they could face lawsuits even if they were not the party who installed the cameras.
Criminal Liability for Individuals: The Cost of Secret Surveillance
Installing hidden cameras without permission is not only morally reprehensible—it is illegal under both Illinois state law and federal law. In Illinois, the Illinois eavesdropping statute (720 ILCS 5/14-2) makes it a felony offense to use a device to record private conversations or visual images without consent.
Potential charges include:
- Felony Eavesdropping – Unauthorized recording of private conversations.
- Unauthorized Video Recording – Especially in areas like bathrooms, changing rooms, or treatment areas where privacy is expected.
- Distribution of Illegally Obtained Images – If images or videos are shared or sold, additional charges can apply, depending on the content and circumstances.
Conviction can lead to significant penalties, including prison time, registration as a sex offender, and heavy fines.
Civil Lawsuits for Monetary damages
There are many civil lawsuits stemming from similar hidden camera cases. In just one such lawsuit in New York, a nanny was awarded $2,780,000 over a hidden camera in a bedroom.
Here are a few other examples:
- 2019, Chicago, IL – A hotel guest filed a lawsuit after discovering a hidden camera in their room. The hotel chain settled the claim for an undisclosed amount, with the plaintiff citing emotional trauma and loss of sense of security.
- 2020, Los Angeles, CA – Several women sued a popular spa where a technician had secretly recorded them during treatments. The spa was found vicariously liable for the actions of its employee and paid significant damages.
- 2021, Dallas, TX – Airbnb hosts were sued for failing to disclose surveillance devices in rental properties. Courts ruled in favor of guests, emphasizing the right to privacy and awarding monetary damages for emotional distress.
These cases highlight how civil courts are increasingly willing to hold businesses and individuals accountable for hidden surveillance, both as a means of compensating victims and deterring future violations.
Conclusion
As the investigation into Reflexion Spa continues, it serves as a stark reminder of the importance of privacy protections in commercial spaces. Businesses must proactively safeguard customer trust, while individuals must understand the severe legal consequences of violating another person's privacy.
The law offers recourse for victims, both through civil claims for monetary damages against negligent businesses and criminal prosecution of perpetrators. In an era where surveillance technology is more accessible than ever, vigilance and accountability are crucial in upholding personal privacy rights.
Mitchell S. Sexner & Associates LLC represents victims of injuries, including those involving unauthorized recordings and has been responsible for well over $25,000,000 in settlements and verdicts for our deserving clients. You can speak to an experienced attorney on our legal team at (312) 644-0444 for a free confidential and discrete consultation 7 days a week.