California Revises Its Data Breach Notification Legislation
In the digital age, the protection of personal data has become a priority for governments and businesses worldwide. Two significant pieces of legislation that govern this area are California's Data Breach Notification Law and the European Union's General Data Protection Regulation (GDPR).
Under California Civil Code § 1798.29(a), a data breach notification is required when a person or business that owns or licenses computerized data containing personal information discovers or is notified of a breach of the security of the system. The notification must be made as expediently as possible and without unreasonable delay once the breach is confirmed, consistent with the legitimate needs of law enforcement or measures necessary to determine the scope of the breach and restore system integrity.
The notification should include information sufficient to allow the affected individuals to take protective actions regarding their personal information. Although the search results do not list all the specific contents required, generally, breach notifications under California law should include a description of the incident in general terms, the types of personal information that were involved, contact information for the reporting entity, and advice on steps that affected individuals can take to protect themselves, such as monitoring accounts or placing fraud alerts.
California Civil Code § 1798.29 is part of the California Data Breach Notification Law, which outlines that the notification must be clear and conspicuous and delivered via written notice or, if authorized, by substitute methods such as email or substitute notice if certain conditions are met.
On the other side of the globe, the GDPR, a comprehensive data protection law enacted by the European Union, took effect on May 25, 2018 in all EU member states. It imposes stringent compliance requirements on businesses that collect personal information from individuals in the EU, with hefty fines for non-compliance. Unlike California's law, the GDPR does not specify any model form for data breach notifications. However, it does give individuals in the EU greater control over their personal data.
Meanwhile, Australia's new mandatory data breach notification law comes into effect on February 22. This law applies to private entities subject to the Australian Privacy Act, including entities with an annual turnover of more than $3 million, businesses that provide a health service, and federal government entities.
In conclusion, both California's Data Breach Notification Law and the GDPR emphasize the importance of prompt and clear communication in the event of a data breach. They aim to protect individuals' personal information and empower them to take action when their data is compromised.
The protection requirements in California's Data Breach Notification Law and the EU's General Data Protection Regulation (GDPR) extend beyond the digital age, influencing various sectors such as finance, technology, and business. Businesses are mandated to provide clear and prompt notifications following data breaches under both legislations, ensuring that affected individuals receive sufficient information to safeguard their personal data.
