State Bar & Bar Associations,
Data Privacy
Mar. 1, 2022
Codes shield State Bar from liability in data breach
Disclosure obligations are outlined under two California Civil Code sections — 1798.82 and 1798.29 — and apply to businesses and agencies respectively. Both codes require disclosure about breaches in the most expedient time possible and without unreasonable delay, consistent with the needs of law enforcement.
The posting of 260,000 California attorney discipline case records to a public website wasn't disclosed until Saturday -- four months after the records were posted and two days after the State Bar was aware of the breach -- exemplifying loopholes from traditional disclosure requirements.
"As I read it, the State Bar is not required to give individual notice," said Jim Dempsey, a lecturer at UC Berkeley School of Law and author of "Cybersecurity Law Fundamentals....
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