California Consumer Privacy Act (CCPA) of 2018
The CCPA creates a wide spectrum of actionable rights for California residents in relation to how their personal data is handled by businesses in located California and in any other state or country. Notably, consumers are entitled (1) to know which personal data is being collected from them, (2) to know whether the personal data is being sold or disclosed to any third parties, (3) to refuse and restrict any sale of the personal data, (4) to access their personal data, (5) to request a business to promptly delete any personal data collected from them, and (6) not to be discriminated against for exercising the aforementioned privacy rights created by the CCPA.
The California Consumer Privacy Actapplies to for-profit entities that do business in California and match at least one of the following: (i) have annual gross revenues in excess of 25 million US dollars, and/or (ii) process personal information of 50,000 or more people, and/or (iii) derive 50% or more of its annual revenues from selling consumers’ personal information. For the companies that fall within the foregoing criteria, CCPA imposes various data protection, privacy and security testing requirements.
(a) (1) Any consumer whose nonencrypted and nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’s violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information may institute a civil action for any of the following:
(A) To recover damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per consumer per incident or actual damages, whichever is greater.
(B) Injunctive or declaratory relief.
(C) Any other relief the court deems proper.
(2) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(b) Actions pursuant to this section may be brought by a consumer if, prior to initiating any action against a business for statutory damages on an individual or class-wide basis, a consumer provides a business 30 days’ written notice identifying the specific provisions of this title the consumer alleges have been or are being violated. In the event a cure is possible, if within the 30 days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the business. No notice shall be required prior to an individual consumer initiating an action solely for actual pecuniary damages suffered as a result of the alleged violations of this title. If a business continues to violate this title in breach of the express written statement provided to the consumer under this section, the consumer may initiate an action against the business to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the title that postdates the written statement.
(c) The cause of action established by this section shall apply only to violations as defined in subdivision (a) and shall not be based on violations of any other section of this title. Nothing in this title shall be interpreted to serve as the basis for a private right of action under any other law. This shall not be construed to relieve any party from any duties or obligations imposed under other law or the United States or California Constitution.
(Amended by Stats. 2019, Ch. 757, Sec. 9. (AB 1355) Effective January 1, 2020.)
ImmuniWeb® AI Platform for CCPA Compliance
Illuminate Your Attack
Surface to Prioritize Testing
Dark Web & Attack Surface Monitoring
Run Risk-Based Security
Testing and Remediation
Web Application Penetration Testing
Mobile Penetration Testing
Continuous Penetration Testing
Application security and compliance for CCPA starts with holistic visibility of your digital assets, related risks and threats. You simply cannot protect what you don't know. Therefore, we recommend commencing your CCPA compliance efforts with IT asset discovery, inventory, classification and risk scoring. Our ImmuniWeb® Discovery leverages OSINT technology to rapidly detect your external web, mobile and cloud assets equipped with attractiveness and hackability scores. Based on our award-winning AI technology, ImmuniWeb Discovery will likewise provide you with a snapshot of your exposure in the Deep and Dark Web. Once completed, you are ready to start well-informed and risk-based application security testing for the purpose of CCPA compliance.
For one-time security testing of your web applications and APIs, we recommend using ImmuniWeb® On-Demand equipped with CVE, CWE reporting and CVSSv3 risk scoring. Its in-depth and rapid testing is based on OWASP Testing Guide (OTGv4), NIST SP 800-115 Technical Guide to Information Security Testing and Assessment, PCI DSS Information Supplement Penetration Testing Guidance, FedRAMP Penetration Test Guidance and ISACA’s How to Audit GDPR. The testing comprehensively covers full spectrum of security vulnerabilities from SANS Top 25 and OWASP Top 10.
For iOS and Android mobile apps and their backend (e.g. APIs or REST/SOAP web services) we provide all-inclusive testing with ImmuniWeb® MobileSuite equipped with CVE, CWE reporting and CVSSv3 risk scoring. Its in-depth and rapid testing is based on OWASP Mobile Security Testing Guide (MSTG) and OWASP Testing Guide (OTGv4), NIST SP 800-115 Technical Guide to Information Security Testing and Assessment, PCI DSS Information Supplement Penetration Testing Guidance, FedRAMP Penetration Test Guidance and ISACA’s How to Audit GDPR. The testing comprehensively covers full spectrum of security vulnerabilities from SANS Top 25 and OWASP Mobile Top 10.
For most critical applications that directly impact your CCPA compliance we offer ImmuniWeb® Continuous for incremental 24/7 testing of any new or updated code. It is equipped with CVE, CWE reporting and CVSSv3 risk scoring, its in-depth and rapid testing is based on OWASP Testing Guide (OTGv4), NIST SP 800-115 Technical Guide to Information Security Testing and Assessment, PCI DSS Information Supplement Penetration Testing Guidance, FedRAMP Penetration Test Guidance and ISACA’s How to Audit GDPR. The testing comprehensively covers full spectrum of security vulnerabilities from SANS Top 25 and OWASP Top 10.