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
- 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
- How it 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. source
- Authority
- A California statute (Civil Code 1798.82); injured customers may sue, and businesses that violate the title may be enjoined. source
- Enforced by
- Injured customers can sue for damages and violations can be enjoined; consumers can also claim statutory damages when a breach results from unreasonable security. 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 datesAmendments
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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.
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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
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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
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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
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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
Documents
- Law text Civil Code 1798.82 – Breach of security notification
- Law text Civil Code 1798.81.5 – Reasonable security procedures
- Law text Civil Code 1798.84 – Remedies
- Law text Civil Code 1798.150 – Personal information security breaches (CCPA private action)
- Law text SB 446 (2025), chaptered text
Show 2 more documents
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)