September 22, 2021

Volume XI, Number 265

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September 20, 2021

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What Categories of Information Could Trigger a Consumer Class Action if Breached?

Consumers are permitted to bring suit under the CCPA if they can prove the following five elements:

  1. A business incurred a data breach;

  2. The data breach involved a sensitive category of information identified in California Civil Code Section 1798.81.5;

  3. The business had a legal duty to protect the personal information from breach;

  4. The business failed to implement reasonable security procedures and practices; and

  5. The business’s failure resulted in (i.e., caused) the data breach.

The definition of personal information used in California Civil Code Section 1798.81.5 is narrower than the definition of personal information used within the rest of the CCPA. Specifically, while the CCPA’s general definition of “personal information” contains 26 examples of types of data fields, only a subset of data combinations can form the basis of a consumer lawsuit.

©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 78
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About this Author

David A. Zetoony Privacy Attorney Greenberg Traurig
Shareholder

David Zetoony, Co-Chair of the firm's U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation. 

David receives regular recognitions from clients and peers for...

303.685.7425
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