Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: Which CCP defines such requirement?

Does hospital have obligation to notify patient about security breach? Which CCP defines such requirement?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Under California law, hospitals and other healthcare providers have an obligation to notify patients about security breaches involving their personal or medical information. The specific requirements for breach notification are outlined in the California Civil Code, primarily in Section 1798.82. This is part of the California Consumer Privacy Act (CCPA).

Key points from CCP 1798.82:

1. Any person or business that conducts business in California and owns or licenses computerized data that includes personal information must disclose any breach of security to all California residents whose unencrypted personal information was acquired by an unauthorized person.

2. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement.

3. The notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation.

4. The notification must be written in plain language and include certain specified information, such as a general description of the incident and the types of personal information that were subject to the breach.

5. If the breach affects more than 500 California residents, the person or business must also submit a sample copy of the security breach notification to the California Attorney General.

So in summary, CCP 1798.82 is the key section that defines the breach notification requirements for hospitals and other businesses in California. It is part of the broader California Consumer Privacy Act which aims to protect the privacy rights of California consumers.

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