News

Kyle Fath Comments on New California Privacy Rights Act

News / November 5, 2020

Associate Kyle Fath is quoted in an Election Day roundup published by Law.com on Nov. 4, 2020. Commenting on California’s passage of the California Privacy Rights Act, Fath told the publication:

“Under the CCPA, there is a reference to giving companies that have experienced data breaches the right to cure. If they fix it, the attorney general could get the case thrown out if they cure the violation, and there was some confusion as to what ‘cure’ the violation means. The biggest fix, the fix there the CPRA provides, is it states that remedial actions taken following a personal information security breach shall not constitute a cure. So, it clarifies that if a business fixes the problem that lead to the data breach, it will not absolve them from wrongdoing, and they’ll still be subject to the private right of action.”

Read the article (registration required).