Article VIII. Evidence · Part 9.2. Interpreter's Privilege · Last amended 2007 · Last verified July 20, 2026
In one sentenceIllinois protects communications made through a language interpreter by treating the interpreter's presence as no waiver of an underlying privilege and by barring the interpreter from disclosing the communication without the privilege holder's consent.
Full Text of 735 ILCS 5/8-911
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(a)A "language interpreter" is a person who aids a communication when at least one party to the communication has a language difficulty. (b) If a communication is otherwise privileged, that
underlying privilege is not waived because of the presence of the language interpreter.
(c)The language interpreter shall not disclose the communication without the express consent of the person who has the right to claim the underlying privilege.
Plain-English Summary
This section defines a language interpreter as a person who aids communication when at least one party to it has a language difficulty, and builds a privilege around that role.
The core protection is a nonwaiver rule: if a communication is otherwise privileged, for example between attorney and client or physician and patient, having a language interpreter present does not strip away that underlying privilege.
The section then places a direct duty on the interpreter. The interpreter may not disclose the communication without the express consent of the person who holds the right to claim the underlying privilege, making the interpreter an extension of the confidential relationship rather than an outside party who could be pressed to reveal what was said.
Frequently Asked Questions
What counts as a language interpreter under this section?
A person who aids a communication when at least one party to it has a language difficulty.
Does using an interpreter waive an existing privilege, such as attorney-client privilege?
No. The section states that if a communication is otherwise privileged, the underlying privilege is not waived because a language interpreter was present.
Can the interpreter be forced to testify about what was said?
The interpreter may not disclose the communication without the express consent of the person who holds the right to claim the underlying privilege.
Whose consent is needed before an interpreter may disclose the communication?
The consent of the person who has the right to claim the underlying privilege that covers the communication.
Does this section create a brand new privilege, or protect one that already exists?
It protects an underlying privilege from being lost through the interpreter's presence, and separately binds the interpreter not to disclose without consent.
Amendment History
(Source: P.A. 95-617, eff. 9-12-07.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:illinois language interpreter privilegeinterpreter confidentiality illinoisinterpreter waiver of privilege illinoistranslator privileged communication illinois