DataBreaches.Net

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

California’s Latest Amendments to Its Data Security Breach Notification Law – Much Ado about Nothing?

Posted on October 3, 2014 by Dissent

Tanya Forsheit and M. Scott Koller of BakerHostetler have a good write-up of the new provisions in California law and how the language of AB 1710 has led to some confusion as to whether California now requires breached entities to offer free credit monitoring protection for 12 months if certain types of personal information are involved. From their commentary:

Under existing law, California Civil Code Section 1798.82 requires persons or businesses to notify affected individuals and, in some cases, the California Attorney General, in the event of a security breach involving the personal information of a California resident. A.B. 1710 also amends this section, stating that:

“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).” (emphasis added).

In the short 48 hours since the Governor signed the legislation, a split of opinion has emerged in online commentary (from some of the largest law firms in the country) as to what this amendment requires. Some commentators have interpreted this amendment to mean that persons or businesses in California are now required to provide identity theft prevention and mitigation services in the event of a data security breach involving Social Security or driver’s license numbers if the person or organization at issue is the source of the breach.

Other commentators have taken a different position with respect to this provision of A.B. 1710 – in particular, with respect to the “if any” language noted above. Those commentators interpret this language as requiring that identity theft prevention and mitigation services, if offered, must be provided by the organization without cost to affected individuals and for a period of at least 12 months. In this interpretation, the offering of identity theft prevention and mitigation services by persons or businesses would be permissive, but not mandatory.

Read more on BakerHostetler.

Category: Commentaries and AnalysesOf NoteState/Local

Post navigation

← On Accuracy in Cybersecurity
McCordsville teen among four accused in international computer hacking ring →

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

  • Rewards for Justice offers $10M reward for info on RedLine developer or RedLine’s use by foreign governments
  • New evidence links long-running hacking group to Indian government
  • Zaporizhzhia Cyber ​​Police Exposes Hacker Who Caused Millions in Losses to Victims by Mining Cryptocurrency
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Google: Hackers target Salesforce accounts in data extortion attacks
  • The US Grid Attack Looming on the Horizon
  • US govt login portal could be one cyberattack away from collapse, say auditors
  • Two Men Sentenced to Prison for Aggravated Identity Theft and Computer Hacking Crimes
  • 100,000 UK taxpayer accounts hit in £47m phishing attack on HMRC
  • CISA Alert: Updated Guidance on Play Ransomware

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

  • How the FBI Sought a Warrant to Search Instagram of Columbia Student Protesters
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Malaysia enacts data sharing rules for public sector
  • U.S. Enacts Take It Down Act
  • 23andMe Bankruptcy Judge Ponders Trump Bill’s Injunction Impact
  • Hell No: The ODNI Wants to Make it Easier for the Government to Buy Your Data Without Warrant
  • US State Dept. says silence or anonymity on social media is suspicious

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.