DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

California strengthens breach notification and mitigation requirements (update 1)

Posted on October 1, 2014 by Dissent

The wait is over. Governor Jerry Brown signed AB1710 into law yesterday.  The law not only requires “reasonable security procedures and practices appropriate to the nature of the [personal] information” a business owns, licenses, or maintains,  but it also requires identity theft protection and mitigation services under some conditions.

If notification of a breach is required, the law  specifies what must be included in it:

(1) The security breach notification shall be written in plain language.
(2) The security breach notification shall include, at a minimum, the following information:
(A) The name and contact information of the reporting person or business subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach.
(C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice.
(D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided.
(E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided.
(F) The toll-free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver’s license or California identification card number.
(G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h).
(3) At the discretion of the person or business, the security breach notification may also include any of the following:
(A) Information about what the person or business has done to protect individuals whose information has been breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or herself.

(And yes, a lot of what the law requires in terms of notifications is exactly what I’ve been advocating for almost a decade, and I’m delighted to see this).

Not all entities are covered by the law. Exemptions include providers of health care, health care service plans, or contractors regulated by the Confidentiality of Medical Information Act; financial institutions, HIPAA-covered entities, and any business “that is regulated by state or federal law providing greater protection to personal information than that provided by this section in regard to the subjects addressed by this section.”
There’s much more to the new law, and expect to see me posting links to privacy law firms’ analyses and comments. But since the new obligations apply to breaches involving unencrypted information, this might be a useful motivator to finally get around to deploying encryption if you have not done so already.

Update 1: Joe Lazzarotti comments on the new law, here.


Related:

  • Under Pressure: Exploring the effect of legal and criminal threats on security researchers and journalists
  • Updates to the Gramm-Leach-Bliley Act Cybersecurity Requirements
  • Obama's federal data breach notification bill: boon to businesses, but not most consumers
  • Justice Department Announces Five Cases as Part of Recently Launched Disruptive Technology Strike Force
  • Kept in the Dark -- Meet the Hired Guns Who Make Sure School Cyberattacks Stay Hidden
Category: Breach LawsOf Note

Post navigation

← CA: Former state employee sentenced for using work computers in identity theft activities
UK: Northmavine parents lodge SIC privacy complaint →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • 45,000 malicious IP addresses taken down in international cyber operation
  • The Broken Records: tracing the human cost of the 2022 British MoD leak
  • Telus Digital confirms breach after ShinyHunters claims 1 petabyte data theft
  • China’s CERT warns OpenClaw can inflict nasty wounds
  • Bell Ambulance data breach impacted over 238,000 people
  • Lotte Card fined 9.6 billion won for leaking users’ social registration numbers
  • Handala claims responsibility for attack on medical device maker Stryker
  • Police Scotland fined £66k for extracting and sharing mobile phone data
  • The rise of teen hackers ‘makes for a good headline’, but cyber crime activities peak later in life
  • Viral ‘Quittr’ Porn Addiction App Exposed the Masturbation Habits of Hundreds of Thousands of Users

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • New data shows increase in FBI searches of Americans’ data last year
  • CalPrivacy Fines PlayOn Sports $1.1 Million for CCPA Violations Involving Student Privacy
  • 17 States Sues Trump Administration Over Unlawful Data Demands Targeting Colleges
  • Privacy watchdogs sound alarm over US bid to get travellers’ social media
  • Petition filed over misuse of protesters’ data by Kenyan government and telcos

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: Dissent.73

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: Dissent.73
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.