- 1798.100 – Consumers right to receive information on privacy practices and access information
- 1798.105 – Consumers right to deletion
- 1798.110 – Information required to be provided as part of an access request
- 1798.115 – Consumers right to receive information about onward disclosures
- 1798.120 – Consumer right to prohibit the sale of their information
- 1798.125 – Price discrimination based upon the exercise of the opt-out right
CCPA Security FAQs: What factors will courts look to when determining what statutory damages to award?
Section 1798.150 of the CCPA permits consumers to “institute a civil action” if consumer “personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to unauthorized access and exfiltration, theft, or disclosure,” and where that unauthorized access was “a result of the business’s violation” of a duty to “implement and maintain reasonable security procedures and practices . . . .” 1 If a plaintiff is successful in bringing such a suit, the statute instructs a court to examine some, or all, of the following factors when determining the statutory damages to which the plaintiff may be entitled:
- Nature of the misconduct;
- Seriousness of the misconduct;
- Number of violations;
- Persistence of the misconduct;
- Length of time over which the misconduct occurred;
- Willfulness of the defendant’s misconduct; and
- Defendant’s assets, liabilities, and net worth.2