California Senate Bill 1386
This bill, operative July 1, 2003, would require a state agency,
or a person or business that conducts business in California, that
owns or licenses computerized data that includes personal
information, as defined, to disclose in specified ways, any breach of
the security of the data, as defined, to any resident of California
whose unencrypted personal information was, or is reasonably
believed to have been, acquired by an unauthorized person. The bill
would permit the notifications required by its provisions to be
delayed if a law enforcement agency determines that it would impede a
criminal investigation. The bill would require an agency, person,
or business that maintains computerized data that includes personal
information owned by another to notify the owner or licensee of the
information of any breach of security of the data, as specified. The
bill would state the intent of the Legislature to preempt all local
regulation of the subject matter of the bill. This bill would also
make a statement of legislative findings and declarations regarding
privacy and financial security.