California’s Updates on Breach and Security
Gov. Jerry Brown signed legislation beefing up California’s breach notification law. The new law, effective January 1, 2015, requires companies that suffer a breach to offer free identity theft prevention and mitigation services to consumers for at least a year if their Social Security or driver’s license number was compromised. The consumer will still be responsible for taking some action to accept those services.
The Governor signed other bills that also attempt to provide additional privacy and security protections, including restrictions on the paparazzi, laws addressing “revenge porn,” and a prohibition on the state from helping federal intelligence agencies collect telephone records without warrants:
- SB 1177 – Prohibits the creation and distribution of “profiles” of minor students; prohibits applications from targeting K-12 students
- AB 928 – Requires each state agency and department to conspicuously post its privacy policy on its website
- AB 1256 and AB 2306 – Expand existing law regarding invasion of privacy (type of activity protected from unwarranted capturing of images or photographs; establishes zones of privacy around schools and medical facilities; eliminating the existing physical trespass requirement for invasion of privacy; renders illegal the use of drones and other electronic devices to capture images of individuals in their homes)
- AB 1356 – Expands legal recourse for stalking victims (allows plaintiffs to plead “substantial emotional distress” as an alternative to the existing standard of “reasonable fear”)
- AB 2643 – Creates private legal recourse against a person who intentionally distributes a sexually explicit image or video of another without his or her consent (allows plaintiffs to file a civil suit for damages against a defendant who posted intimate photos or videos of the plaintiff without consent)
- SB 828 – Prohibits state agencies from assisting the federal government in the collection of personal, electronically stored data, except under certain circumstances (that the state knows to be illegal or unconstitutional)
- SB 1255 – Expands existing law regarding the distribution of a sexually explicit image or video of another with the intent to cause serious emotional distress
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