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Country:
California
Survey Category:
The Cyber Crime Regulations - Landscape of the world - United States
Survey Question:
2.2 Which authorities are responsible for enforcing the regulations under 2 and 2.1? What kind of legal instruments / rights are they furnished with (fines, audit/investigation rights, etc.)?
Survey Answer:

Private Right of Action:
Any customer injured by a violation of Cal. Civ. Code § 1798.82 may institute a civil action to recover damages. Cal. Civ. Code § 1798.84(b). In addition, any business who violates Cal. Civ. Code § 1798.82 may be enjoined. Cal. Civ. Code § 1798.84(e).
A cause of action, however, may not lie against a business for “disposing of abandoned records containing personal information by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means.” Cal. Civ. Code § 1798.84(f).

Provided By:
Fred Bellamy: Ryley Carlock & Applewhite