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Court: No Common Law Duty To Protect PII


February 4, 2011

Information Law Group reports on an Illinois appellate court case--"the first that we are aware of in the United States"--focusing on the question of "whether common law duty exists to safeguard personal information." An Illinois appellate court upheld the dismissal of a suit over the unauthorized disclosure of such sensitive personal information as names, addresses and Social Security numbers, finding that no such duty to protect personal information exists for purposes of a negligence claim. Speculating that the case could be appealed to the Illinois Supreme Court, the report suggests, "Based on the strong dissent, it appears as if the majority opinion may be at risk for an overturn."
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