With 2017 underway and the entrance of a new Republican administration and Congress, whether robust regulatory oversight will remain a federal priority is more than uncertain and the area of data privacy and security is no different. The data privacy and security action, however, may continue at the state level where already-active state legislatures and regulators see these areas as a focus. Reviewing recent developments in California over the past year may shed light on key issues and trends that we can expect to see in the coming months.
California has, in many respects, led state efforts nationwide to protect privacy and data security. In 2003, California became the first state in the nation to impose data breach notifications, at the time requiring California businesses “that own[] or license[] computerized data” to notify any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person (Cal. Civ. Code section 1798.82). California has continued to trailblaze in the privacy and data security arena, enacting a number of privacy and data security requirements since.
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