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CA · data breach notification
highCalifornia
Cal. Civ. Code §1798.82 (as amended by SB 446, eff. 1/1/2026) · read the statute →
Individual deadline
30 days
Trigger standard
Any breach
AG / regulator
Required
| Notice to individuals | 30 calendar days from discovery |
| Risk-of-harm standard | None, notice required on any qualifying breach of covered personal information. |
| Encryption safe harbor | Yes, encrypted data (key not compromised) generally exempt. |
| Regulator notice | California Attorney General, required above 500 residents; within 15 days 15 calendar days AFTER consumer notification, not from discovery |
| Credit reporting agencies | No CRA-notice requirement. |
| Credit monitoring | Offer of identity-theft prevention/mitigation services, if any, must be ≥12 months at no cost (§1798.82(d)(2)(G)) |
| Letter format | Prescribed format, Title 'Notice of Data Breach'; headings 'What Happened / What Information Was Involved / What We Are Doing / What You Can Do / For More Information'; plain language; ≥10-point type |
| Substitute notice | Available if cost exceeds $250,000 or more than 500,000 affected. |
| Private right of action | Yes. |
| Penalties | §1798.84 private action (civil penalty up to $3,000/violation willful); CCPA §1798.150 private right of action: statutory damages $100–$750 per consumer per incident; AG enforcement via UCL |
| Notable PI definitions | Includes biometric, credentials, medical, health insurance, tax id, passport, military id. |
Notes
※ HIPAA/HITECH-compliant entities deemed compliant with notice-content rules (§1798.82(e))
※ Separate medical-information rule: Cal. H&S Code §1280.15 (15 business days, CDPH) — licensed clinics/health facilities only
Rule last verified July 10, 2026 · confidence high. This is a reference summary, not legal advice; verify against the current statute. How we compile this →
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