CA SB 1386

California Breach Notification Law (SB 1386) — California State Legislature

Also known as: SB 1386, California breach notification law, California Civil Code 1798.82

At a glance

Current version
Civil Code 1798.82, as amended by SB 446 (2025)
Published 1 January 2026. source
Status
In force
Next deadline
None announced
Who must comply
Individuals and businesses that conduct business in California and own or license computerized data including personal information of California residents. source
Authority
A California statute (Civil Code 1798.82); injured customers may sue, and businesses that violate the title may be enjoined. source
Last change
None recorded yet

The statute that started breach notification in the United States: an agency or business that owns, licenses or maintains computerised personal data about a Californian must tell each affected person, within 30 calendar days, once unencrypted personal information has been acquired by an unauthorised party.

Recent changes

No changes recorded yet — we are watching, and nothing has been published.

Key dates

No upcoming dates
  1. SB 446 takes effect – 30-day notice to residents and 15-day copy to the Attorney General
  2. SB 446 approved by the Governor (Stats. 2025, ch. 319)
  3. SB 1386 breach disclosure duty becomes operative

Amendments

  1. Civil Code 1798.82, as amended by SB 446 (2025) AmendmentCurrent text

    SB 446 (Stats. 2025, ch. 319) requires notice to residents within 30 calendar days of discovering a breach and the sample copy to the Attorney General within 15 days. source

    More
    • The 30-day deadline may be delayed for the legitimate needs of law enforcement or as necessary to determine the scope of the breach and restore the integrity of the system.
    • The Attorney General copy is due within 15 calendar days of notifying affected consumers when more than 500 California residents are notified.
  2. AB 825 (2021) – genetic data Amendment

    AB 825 (Stats. 2021, ch. 527), approved on 5 October 2021, added genetic data to the personal information covered by the breach and security provisions. source

  3. AB 1130 (2019) – biometric and ID numbers Amendment

    AB 1130 (Stats. 2019, ch. 750) added unique biometric data and tax, passport, military and other government ID numbers to the definition of personal information. source

  4. SB 24 (2011) – notice content and AG copy Amendment

    SB 24 (Stats. 2011, ch. 197) set content requirements for breach notices and required a sample copy to the Attorney General for breaches notified to more than 500 residents. source

  5. SB 1386 (2002) Major version

    SB 1386 (Stats. 2002, ch. 915), operative 1 July 2003, required agencies and businesses to disclose breaches of unencrypted personal information to California residents. source

Who it applies to

Anyone doing business in California who owns, licenses or maintains computerized personal information about California residents.

Owners and licensees
Must notify each California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person, or whose encrypted data was taken together with the key. source
Service providers
A business that maintains data it does not own must notify the owner or licensee immediately following discovery of the breach. source
Personal information
A name with an SSN, government ID number, financial account with access code, medical or health insurance information, biometric data, ALPR data or genetic data; or a username or email with its password or security answer. source
HIPAA entities
A HIPAA covered entity that fully complies with HITECH section 13402(f) is deemed to meet the notice-content requirements, but not the rest of the section. source

How compliance is assessed

The business notifies residents itself within 30 days, using the prescribed notice format, and sends a sample copy to the Attorney General for breaches over 500 residents.

Deadline
Within 30 calendar days of discovery or notification of the breach, subject to delays for law enforcement or to determine the scope of the breach. source
Notice format
Titled "Notice of Data Breach", in plain language and at least 10-point type, with headings such as What Happened and What Information Was Involved; a model form is provided. source
Identity protection
If the business was the source of a breach exposing an SSN or government ID number, it must offer identity theft prevention and mitigation services free for at least 12 months. source
Attorney General
For a breach notified to more than 500 California residents, a single sample notice must be submitted electronically within 15 calendar days of notifying consumers. source
Reasonable security
Businesses holding personal information about California residents must also maintain reasonable security procedures and require them of non-affiliated recipients by contract. source

Enforcement and penalties

Injured customers can sue for damages and violations can be enjoined; consumers can also claim statutory damages when a breach results from unreasonable security.

$100 to $750 per consumer per incident

Statutory damages (or actual damages if greater) under the CCPA, Civil Code 1798.150, where non-encrypted personal information is exposed because the business failed to maintain reasonable security; amounts are adjusted under 1798.199.95. source

Damages
Any customer injured by a violation of the title may bring a civil action for damages. source
Injunction
Any business that violates, proposes to violate or has violated the title may be enjoined. source

Documents

  1. Law text Civil Code 1798.82 – Breach of security notification
  2. Law text Civil Code 1798.81.5 – Reasonable security procedures
  3. Law text Civil Code 1798.84 – Remedies
  4. Law text Civil Code 1798.150 – Personal information security breaches (CCPA private action)
  5. Law text SB 446 (2025), chaptered text
Show 2 more documents
  1. Law text SB 1386 (2002), chaptered text
  2. Guidance California Attorney General – Data Security Breach Reporting

Verified against official sources on 18 October 2026. We monitor the official sources for this framework. Watching since 20 September 2026. Subscribe to CA SB 1386 (RSS)