Question 121 - CIPP-US discussion

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.

Reference 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.