California

Notification requirements applicable to persons or businesses that conduct business in the state and that own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.

First name or first initial and last name, plus: Social Security number; driver's license or state 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; financial account, credit or debit card number, in combination with any required security or access code or password permitting access to individual's financial account; medical or health insurance info; 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; this does not include a physical or digital photograph, unless used or stored for facial recognition purposes; info collected by automated license plate recognition systems; and genetic data.

Covered info also includes a username or email address, in combination with a password or security question and answer that would permit access to an online account.

Electronic Only.

Statute does not apply to information that is encrypted, so long as the encryption key was not or is not reasonably believed to have been acquired.

Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.

Timing: Must be made in the most expedient time possible and without unreasonable delay consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system.

Content: Notice must be in "plain language," use at least 10-point font, and organized by clearly and conspicuously displayed title ("Notice of Data Breach") and headings ("What Happened", "What Information Was Involved", "What We Are Doing", "What You Can Do", and "For More Information"). Notice must include: name and contact information of covered entity; types of covered info that were or reasonably believed to have been the subject of the breach; the date, estimated date, or date range of the breach; date of the notice; whether notice was delayed due to law enforcement; general description of the breach; and toll-free numbers and addresses of the major CRAs if Social Security numbers, drivers' license or state identification card numbers were exposed.

If Social Security, driver’s license or state identification card numbers are affected, and if the entity providing notice was the source of the breach, must offer appropriate identity theft prevention and mitigation services, if any, at no cost to resident for not less than 12 months.

Method: By written notice, or electronic notice if it is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied. Alternative methods apply to breaches solely involving usernames or email addresses.

Notification may be delayed if law enforcement determines that notice will impede a criminal investigation.

If more than 500 state residents are notified as result of a single breach, must also electronically submit a sample copy of the notification to the California Attorney General (excluding personal information).

If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.

Violations may result in civil penalties.