On January 25, 2019 the Supreme Court of the State of Illinois ruled unanimously that plaintiffs may sue companies for violation of the Biometric Information Privacy Act (740 ILCS 14/1 et seq). The most important components of this ruling are that it confirms the right of Private Action and further allows suits to go forward with standing (Article III of the United States Constitution) without the demonstration of damages. This applies to cases where the violation is of the Personally Identifiable Information (PII) of individuals know as data subjects who might become plaintiffs.
This landmark ruling is consistent with the rulings in the Attias v CareFirst case where the United States Supreme Court allowed the ruling of the Ninth Circuit to stand which stated that violations of PII could proceed in the Federal Courts without demonstration of damages allowing standing under Article III of the US Constitution.
These rulings drive all future court rulings, which fundamentally change a bedrock concept of damages needed for suit. In the case of PII violations both at the Federal and State levels the courts have ruled that standing is allowed without damages.
Every business in the United States must be aware of these rulings and needs to act upon them immediately. You simply must be aware and in compliance with the regulations associated with the management of PII. Failure to do this puts you and your company at high risk.
CSR provides privacy solutions both tools and consulting to help every organization to achieve the mandated compliance. We are proud to focus on the SMB business population in a cost sensitive environment.
Today over 85 re-sellers throughout the world bring CSR solutions to more than 100,000 SMB users. And that number grows every day.