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  • The California Consumer Privacy Act (CCPA)

  • Section 100Consumer Request for Disclosure of Personal Information Collected by a Business
  • Section 105Deletion of Personal Information Collected by a Business; exceptions
  • Section 110Disclosure of Personal Information Collected by a Business; includes particulars
  • Section 115Disclosures in Connection With the Sale of Personal Information
  • Section 120Consumer’s Right to Opt-Out of Sale of Personal Information
  • Section 125No Discrimination Against Consumers
  • Section 130Consumer Submition of Requests for Information
  • Section 135Do Not Sell My Personal Information
  • Section 140Definitions
  • Section 150Information Security
  • Section 155Attorney General Opinions
  • Section 160Consumer Privacy Fund
  • Section 175Furthering the Constitutional Right of Privacy
  • Section 180Preemption of Local Law
  • Section 185Regulations to Further the Purposes of the Act
  • Section 190Circumvention of the Act
  • Section 192Waiver or Limitation of Consumer’s Rights
  • Section 194Liberal Construction of the Act
  • Section 196Preemption by Federal Law or the California Constitution
  • Section 198January 1, 2020 Operative Date
  • Section 199Operative Date of Section 180
Key Issues

Information Security

1798.150.

(a) (1) Any consumer whose nonencrypted and nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’s violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information may institute a civil action for any of the following:

(A) To recover damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per consumer per incident or actual damages, whichever is greater.

(B) Injunctive or declaratory relief.

(C) Any other relief the court deems proper.

(2) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.

(b) Actions pursuant to this section may be brought by a consumer if, prior to initiating any action against a business for statutory damages on an individual or class-wide basis, a consumer provides a business 30 days’ written notice identifying the specific provisions of this title the consumer alleges have been or are being violated. In the event a cure is possible, if within the 30 days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or classwide statutory damages may be initiated against the business. No notice shall be required prior to an individual consumer initiating an action solely for actual pecuniary damages suffered as a result of the alleged violations of this title. If a business continues to violate this title in breach of the express written statement provided to the consumer under this section, the consumer may initiate an action against the business to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the title that postdates the written statement.

(c) The cause of action established by this section shall apply only to violations as defined in subdivision (a) and shall not be based on violations of any other section of this title. Nothing in this title shall be interpreted to serve as the basis for a private right of action under any other law. This shall not be construed to relieve any party from any duties or obligations imposed under other law or the United States or California Constitution.

(Amended by Stats. 2019, Ch. 757, Sec. 9. (AB 1355) Effective January 1, 2020.)

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Not knowing where sensitive client financial data resides and failing to take the right security precautions can be a costly mistake for your organization. Find out how Data privacy is treated in your sector.

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