Is Dashcams Legal in Illinois After the 2026 Framework Overhaul?

Yes, dashcams are legal in Illinois, but their use is subject to strict privacy and recording laws enforced by the Illinois Biometric Information Privacy Act (BIPA) and the Illinois eavesdropping statute. Drivers must comply with state surveillance regulations to avoid civil penalties.

Key Regulations for Dashcams in Illinois

  • Two-Party Consent Requirement: Illinois is a two-party consent state under 720 ILCS 5/14-2, meaning recordings of private conversations require consent from all parties. Dashcams capturing audio in a vehicle must disable or mute audio recording to avoid violating this statute.
  • BIPA Compliance for Facial Recognition: If dashcams include facial recognition technology, operators must adhere to BIPA’s notice and consent requirements (740 ILCS 14/1 et seq.), which mandate public disclosure of biometric data collection practices.
  • Prohibition on Continuous Recording in Private Spaces: Dashcams must avoid recording inside private residences or areas where individuals have a reasonable expectation of privacy, as outlined in Illinois case law (e.g., People v. Melongo, 2014 IL 114852).

Local enforcement is overseen by the Illinois Attorney General’s Office, which has signaled increased scrutiny of biometric data handling in 2026. Violations may result in statutory damages up to $1,000 per negligent violation or $5,000 per intentional violation under BIPA. Municipalities like Chicago may impose additional restrictions on dashcam placement (e.g., obstructed views) under local ordinances. Operators should review the Illinois Department of Transportation’s 2025 guidelines for dashcam deployment in commercial fleets.