Technology Commentaries California Raises the Bar on Data Security and Privacy

California has recently enacted two landmark pieces of consumer rights legislation, each of which creates new burdens for companies doing business with California residents. The first, Senate Bill No. 1386 ("SB 1386"), requires any company that stores customer data electronically to notify its California customers of a security breach to the company's computer system if the company knows or reasonably believes that unencrypted information about the customer has been stolen. The second, Senate Bill No. 1 ("SB 1"), commonly known as the California Financial Information Privacy Act, creates new limits on the ability of financial institutions to share nonpublic personal information about their clients with affiliates and third parties. This Technology Commentaries provides a brief overview of each of the new laws and what companies should be doing to comply with the new statutes.