![]() Businesses then have 30 days to address and resolve the violations without penalty. Notice and Cure Periodīefore bringing an action for a security breach, the CCPA requires consumers to provide covered businesses with 30 days written notice, identifying the specific provisions the business allegedly violated. Although these CIS Controls are not prescriptive safeguards for CCPA compliance, they are a good place to start. The CIS Controls consist of twenty key actions, including authentication, incident-response plans, data-protection policies, and other security safeguards. As highlighted in the report, covered entities should look to the Center for Internet Security’s list of 20 Critical Controls (“CIS Controls”) as a potential baseline security standard for reference. However, some California regulators have endorsed certain security measures as providing “reasonable security” in contexts outside of the CCPA.įor example, the former California Attorney General, Senator Kamala Harris, provided clear guidance on what she considered reasonable security in the February 2016 California Data Breach Report. The CCPA does not define “reasonable security” and the California Attorney General has not yet offered guidance on the subject. This narrower definition of personal information should work to limit the availability of CCPA’s private right of action. (vi) Unique biometric data generated from measurements or technical analysis of human body characteristics, such as a fingerprint, retina, or iris image, used to authenticate a specific individual. (iii) Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account. (ii) Driver’s license number, California identification card number, tax identification number, passport number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific individual. For the private right of action for data breaches, personal information means:Īn individual’s first name or first initial and the individual’s last name in combination with any one or more of the following data elements…: In order for a data breach to be actionable, the information breached must be personal information as narrowly defined by California’s data breach notification law, Section 1798.81.5, not the broad definition included in the CCPA. The CCPA provides consumers with a limited private right of action when “nonencrypted and nonredacted personal information…is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’ violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information.” Violations are subject to penalties of $100 to $750 per incident, actual damages, and injunctive relief. In fact, substantial data breach litigation has already begun under the CCPA, primarily in the form of consumer class actions brought in federal courts in California.īusinesses should be aware and prepared to comply with the data breach compliance requirements of the CCPA in the event of a data breach incident, as discussed below, or risk facing litigation. Attorney General enforcement of privacy-related suits cannot be initiated until six months after final regulations are approved by the California Attorney General or July 1 (whichever comes first), however data breaches are subject to enforcement via plaintiff private right of action now. ![]() The California Consumer Privacy Act (“CCPA”) went into effect on Januand with it came expanded data breach laws and an increased risk of litigation.
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