ILCS » Chapter 820 · Act 40
Illinois Compiled Statutes

820 ILCS 40/9 (2026)

An employer shall not gather or keep a record of an employee's associations, political activities, publications, communications or nonemployment activities, unless the employee submits the information in writing or gives the employer express, written consent when the employer keeps or gathers the information

✓ current as of May 2026
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(820 ILCS 40/9) (from Ch. 48, par. 2009)
    Sec. 9. An employer shall not gather or keep a record of an employee's associations, political activities, publications, communications or nonemployment activities, unless the employee submits the information in writing or gives the employer express, written consent when the employer keeps or gathers the information. This prohibition shall not apply to (i) activities or associations with individuals or groups involved in the physical, sexual, or other exploitation of a minor or (ii) the activities that occur on the employer's premises or during the employee's working hours with that employer which interfere with the performance of the employee's duties or the duties of other employees or activities, regardless of when and where occurring, which constitute criminal conduct or may reasonably be expected to harm the employer's property, operations or business, or could by the employee's action cause the employer financial liability. A record which is kept by the employer as permitted under this Section shall be part of the personnel record.
(Source: P.A. 103-727, eff. 1-1-25.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2011–2026 · leading case: Harrison v. Addington, 2011 IL App (3d) 100810 (Ill. App. Ct. 2011).
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Harrison v. Addington, 2011 IL App (3d) 100810 (Ill. App. Ct. 2011). “820 ILCS 40/9 (West 2010). Supreme Court Rule 341(h)(7) (eff.”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “ed in the trial court and Harrison appeals the following rulings of the trial court: (1) the granting of Deere's motion to reconsider and the determination that defendant's conduct did not rise to the level of bad faith and willfulness within the meaning of section 2 of the Act…”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “ed in the trial court and Harrison appeals the following rulings of the trial court: (1) the granting of Deere’s motion to reconsider and the determination that defendant’s conduct did not rise to the level of bad faith and willfulness within the meaning of section 2 of the Act…”
Sanchez (C.D. Ill. 2026). “Because this ambiguity raises significant questions about what exactly Plaintiffs are seeking, the Court will not grant Plaintiffs’ motion sixteen.”
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