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Category Archives: California

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Veto, Veto, Pass! New Governor Means New Breach Notification Law in California

On Wednesday, August 31, 2011, California became the third state this year to amend its existing security breach notification law when Governor Jerry Brown signed into law Senate Bill 24 ("SB 24"). SB 24's specific changes, while far from sweeping, include the addition of content requirements for notice letters to individuals and a requirement to send a sample letter to the state's attorney general if more than 500 people are affected by a breach. SB 24 won't add much to most nationwide breach response plans, but will up the ante for those doing business primarily (or exclusively) in California. … Continue Reading

90210 Gets Personal: California Supreme Court Rules that ZIP Codes are “Personal Identification Information”

Yesterday, the California Supreme Court held that ZIP codes are "personal identification information" within the meaning of the state's Song Beverly Credit Card Act. The court's decision in Pineda v. Williams-Sonoma Stores, Inc., No. S178241 slip op. (Cal. Feb. 10, 2011), casts a dark cloud over the established retail practice of asking for ZIP codes when customers make brick-and-mortar purchases using a credit card and essentially reverses the Court of Appeal's decision in Party City Corp. v. Superior Court, 169 Cal. App. 4th 497 (2008). In addition to some heated debate, the Pineda decision is likely to generate a healthy number of lawsuits against California retailers. … Continue Reading

Zip Codes not “Personal Identification Information” under California’s Song-Beverly Act

On December 19, 2008, in Party City Corp. v. The Superior Court of San Diego County, the California Court of Appeal in the Fourth Appellate District held that zip codes are not “personal identification information” under California’s Song-Beverly Credit Card Act of 1971, California Civil Code Sec. 1747.08 (the “Act.”). The Act prohibits a retailer … Continue Reading

New Year, New Laws

The new year brings with it many new California privacy laws. Included are the following: S.B. 202 – Telephone Record Pretexting As previously reported, S.B. 202 amends Penal Code § 638 to prohibit the purchase or sale of any telephone pattern record or list without the written consent of the subscriber. A.B. 424 – Identity … Continue Reading
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