Under the California Consumer Privacy Act (as amended by the California Pnvacy Rights Act), a...

Under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), consumers have the right to initiate a civil action if a business fails to adequately protect their personal information and a security breach occurs. This right applies specifically to breaches of certain categories of personal information that are unencrypted and unredacted.

Key Details of CCPA/CPRA Civil Actions:

Security Breaches:

A consumer can sue a business if the breach involves personal information such as Social Security numbers, driver’s license numbers, or financial account information, provided that the data was unencrypted and unredacted.

Reasonable Security Practices:

Businesses are required to implement and maintain reasonable security practices to protect personal information. Failure to do so may expose the business to liability in case of a breach.

Categories of Data Covered:

The law specifies that only certain sensitive categories of personal information are actionable under a civil suit.

Explanation of Options:

A. Any personal information that is subject to unauthorized access or disclosure:This is incorrect. The civil action is limited to specific sensitive data categories, not all personal information.

B. A security breach of certain categories of personal information that is nonencrypted and nonredacted:This is correct. Civil actions under the CCPA/CPRA apply to breaches involving specific sensitive data that is not encrypted or redacted.

C. Failure to implement and maintain reasonable security procedures and practices to protect the personal information held:While this is a requirement under the law, it does not by itself provide grounds for a civil action. A security breach must occur for a consumer to sue.

D. Failure to implement and maintain security practices set out in regulations issued by the California Privacy Protection Agency (CPPA):This is incorrect. Civil actions are tied to breaches of sensitive data, not a failure to meet specific agency guidelines.

References from CIPP/US Materials:

CCPA/CPRA (Civil Code § 1798.150): Outlines the private right of action for security breaches involving certain unencrypted and unredacted data.

IAPP CIPP/US Certification Textbook: Discusses the conditions under which consumers may bring civil actions under the CCPA/CPRA.