Jarrell Cook

Bill would reduce standing requirements for data breach lawsuits

By Jarrell Cook, Policy Director, Government Relations

Capitol Update, April 13, 2018 Share this on FacebookTweet thisEmail this to a friend


On April 9, Senator Bill Dodd (D-Napa) amended his bill SB 1121 to create an expansive new form of liability for companies that suffer a data breach. 

Existing law permits a consumer to bring a lawsuit against a company to recover any damages that occurred as a result of that company failing to implement reasonable measures to secure the consumers’ personal information or for failing to disclose a breach in the security of the personal information they have collected about a consumer. In order to successfully recoup a monetary award, consumers must demonstrate that they suffered an economic injury due to the data breach.

Senator Dodd’s bill would remove the need for consumers to have actually been injured by the breach to file a claim. Any individual “whose personal information has been or is reasonably believed to have been breached” would be entitled to sue for anywhere between $200 and $1000 per incident.

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