12/24/2023 0 Comments Breach definition![]() Conspicuous posting, for a minimum of 30 days, on the entity’s website, if it maintains one.Email notice when the subject entity has an email address for the subject persons.Substitute notice shall consist of all of the following: Substitute notice may be provided if the cost of notice would exceed $250,000, the affected class to be notified exceeds 500,000, or the subject entity does not have sufficient contact information. Substitute notice is available under certain conditions. Such notice of compromised email credentials cannot be made to the affected email address. If the breach affects only a user name or email address, in combination with a password or security question and answer that would permit access to an online account and no other personal information, the subject entity can provide notice in electronic or other form directing the resident to change his or password or security question or answer, or take other steps to protect the account and other applicable accounts. Method: Written notice, or electronic notice if consistent with the provisions regarding electronic records and signatures set forth in E-SIGN. If identity theft prevention and mitigation services are offered, they must be provided at no cost for not less than 12 months, and notice must contain all information necessary to take advantage of the offer.įormat: Must be designed to call attention to the nature and significance of the information the title and headings must be clearly and conspicuously displayed and use at least 10-point font.If Social Security numbers, or driver’s license, or California identification card numbers were exposed, The toll-free telephone numbers and addresses of the major consumer reporting agencies must be provided.A general description of the breach incident, if available at the time of notice.Whether notification was delayed as a result of a law enforcement investigation.If available at the time of notice: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred.The types of personal information affected. ![]() Name and contact information of the subject entity.Timing: Most expedient time possible and without unreasonable delay in accordance with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the system.Ĭontent: The security breach notification must be written in plain language, use at least 10-point font, and be titled “Notice of Data Breach.” Must present the information under the following headings: “What Happened,” “What Information Was Involved,” “What We Are Doing,” “What You Can Do,” and “For More Information.” Notification is not dependent on risk of harm to the consumer. Yes, if the encryption key or security credential is not reasonably believed to have been acquired by an unauthorized person such that it could be used to render the personal information readable or usable. Unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information, excluding certain good faith acquisitions. User name or email address, in combination with a password or security question and answer that would permit access to an online account.Unique biometric data, such as a fingerprint, retina, or iris image, used to authenticate a specific individual-not including physical or digital photograph unless used or stored for facial recognition purposes or.Information collected by automated license plate recognition systems.Financial account or payment card number, in combination with any required code or password permitting access to a resident’s financial account.Other unique identification number issued on a government document commonly used to verify the identity of a specific individual.Driver’s license or California identification card number.First name or first initial and last name, in combination with one or more of the following unencrypted data sets:.Applies to individuals, businesses, and other entities that conduct business in California and own or license personal information. Certain entities such as covered entities subject to HIPAA may be exempted from particular or all provisions of the law.
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