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Can I avoid having a data breach response plan in California?

Under California law, it is mandatory for companies to have a data breach response plan in place. According to Section 1798.29 of the California Civil Code, any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Similarly, under 22 CACR Section 79902, a health care facility shall report to the Department a breach of a patient's medical information, or a breach reasonably believed to have occurred, no later than 15 business days after the breach has been detected.Therefore, companies cannot avoid having a data breach response plan in place in California [2.1].Data Broker RegistrationIn addition to the above, businesses that meet the definition of data broker as provided in California law are required to register with the Attorney General on or before January 31 following each year. Failure to register as required by this section may result in injunction and civil penalties [2.2].Civil RemediesAny person who intentionally discloses information obtained from personal information maintained by a state agency or from records within a system of records maintained by a federal government agency shall be subject to a civil action for invasion of privacy. In any successful action brought under this section, the complainant shall be awarded a minimum of two thousand five hundred dollars in exemplary damages as well as attorney’s fees and other litigation costs reasonably incurred in the suit [3.2].Therefore, it is important for companies to comply with California laws related to data privacy and security to avoid legal consequences.