1798.82.  (a)  A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California (1) whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person, or, (2) whose encrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the encryption key or security credential was, or is reasonably believed to have been, acquired by an unauthorized person and the person or business that owns or licenses the encrypted information has a reasonable belief that the encryption key or security credential could render
that personal information readable or usable. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(b)  A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
(c)  The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The
notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation.
(d)  A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements:
(1)  The security breach notification shall be written in plain language, shall be titled    Notice of Data Breach,    and shall present the information described in paragraph (2) under the following headings:    What Happened,       What Information Was Involved,       What We Are Doing,       What You Can Do,    and    For More Information.    Additional information may be provided as a supplement to the notice.
(A)  The format of the notice shall be designed to call attention to the nature and significance of the information it
(B)  The title and headings in the notice shall be clearly and conspicuously displayed.
(C)  The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type.
(D)  For a written notice described in paragraph (1) of subdivision (j), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision.
[NAME  OF  INSTITUTION  /  LOGO]
Date:  [insert  date]
NOTICE OF DATA BREACH
What Information Was Involved?
What We Are Doing.
What You Can Do.
Other Important Information.
[insert other important information]
For More Information.
Call  [telephone  number]  or  go  to [internet website]
(E)  For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision.
(2)  The security breach notification described in paragraph (1) shall include, at a minimum, the following information:
(A)  The name and contact information of the reporting person or business subject to this section.
(B)  A list of the types of personal information that were or are reasonably believed to have been the subject of a breach.
(C)  If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice.
(D)  Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided.
(E)  A general description of the breach incident, if that
information is possible to determine at the time the notice is provided.
(F)  The toll-free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver   s license or California identification card number.
(G)  If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h).
(3)  At the discretion of the
person or business, the security breach notification may also include any of the following:
(A)  Information about what the person or business has done to protect individuals whose information has been breached.
(B)  Advice on steps that people whose information has been breached may take to protect themselves.
(C)  In breaches involving biometric data, instructions on how to notify other entities that used the same type of biometric data as an authenticator to no longer rely on data for authentication purposes.
(e)  A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with
Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section.
(f)  A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code.
(g)  For purposes of this section,    breach of the security of the system    means unauthorized acquisition of computerized data that compromises
the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure.
(h)  For purposes of this section,    personal information    means either of the f