Senior Partner Michael E. Holden testimony before the Illinois House Judiciary-Civil Committee in support of House Bill 4262

Good morning, esteemed Members.

My name is Michael Holden, and I am a Senior Partner at the law firm of Romanucci & Blandin, a national trial firm headquartered in Chicago.

I am here in support of House Bill 4262, which would create a path to accountability when a child is unknowingly exploited by being secretly videotaped in places where there is a reasonable expectation of privacy. A doctor’s office, a bathroom in a business, or any place where children should be safe and should be able to trust they will be protected.

Our law firm represents more than 75 individuals in Illinois who were secretly recorded in various stages of undress in four different locations, where they were unaware that a camera was watching them. We are not talking about common-sense security cameras by a front door of a business or any place like that. We are talking about medical treatment rooms or spa treatment rooms where they got undressed, or in bathrooms where they should have had every reason to expect privacy, dignity and safety.

As an example, we represent many high-school-aged girls who we believe were secretly recorded in the bathroom of a Chicago suburban ice cream shop where they worked, after their boss told them he wanted to take photos of them in special t-shirts and bras to promote the store... then the girls were recorded in the ice cream shop changing their shirts and bras. These girls were as young as 14-years-old, and they trusted their boss and trusted that they would be respected and protected in their workplace. Who knows where those images ended up, or what they were used for?

We also represent more than 20 individuals, both children and adults, who were illicitly recorded by David Hanson, a Batavia chiropractor, using hidden cameras placed in treatment rooms where the patients were expected to be in various states of nudity. Just this week, we learned from the Kane County States Attorney’s Office that Hanson is believed to have transmitted videos of children he recorded online. Hanson is currently facing over 70 felony counts, but what recourse these patients have to compensate them for the emotional trauma they were subjected to remains to be seen.

These are just two examples that we have filed. In addition to these cases, we are currently investigating other cases where we believe that children were secretly recorded. These include teenagers and children being recorded in a hotel pool bathroom/changing area, and teenagers and adults being secretly recorded while receiving spa treatment, and in the past, we have represented individuals who were recorded in short-term rentals without their knowledge or consent.

We have heard over and over from these clients that when they learned their boss, their doctor, or others may have planted a secret camera and recorded them when they were vulnerable, that they felt violated, deeply distressed over how those images were being used, ashamed and terribly angry at this invasion of their privacy. This type of trauma can have long-lasting emotional, psychological, educational and professional effects, especially on children.

Unfortunately, this is not a new issue, but it is one we need to take action on and create accountability for. We know secret cameras have become an issue in some rental house properties, and the public is urged to search for cameras before they unpack and get comfortable for their stay. What we are talking about here is the same level of vigilance, but in children’s daily lives, where they are comfortable, trust and have their guard down.

Our research shows multiple reports of these secret cameras since 2015, as this videotape technology has evolved. The cameras are most often in bathrooms, dressing rooms and in places where children should expect privacy.

Currently, under 720 ILCS 5/26-4, in Illinois, it is a felony to make an unauthorized video recording or transmit live video of people without their consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom. House Bill 42-62 tries to bring civil remedies for that same conduct as it pertains to children. Our research also shows that about twenty states have some form of law protecting children from being recorded without their consent, and House Bill 42-62 would rightfully provide a course of action against a business and/or its owner when this exploitation of children takes place on their property in places where there is a reasonable expectation of privacy.

House Bill 42-62, introduced by Representative Tarver, a small business owner himself, specifically protects children from having someone record them without the consent of their parent or guardian. Children have rights, and it’s up to us to insist they are protected and hold those who violate these rights and exploit these children culpable, both civilly and criminally.

Thank you for your support of this bill.