LegalFoundation & Legal CoursesLegal & Court ProceduresIndian law on electronic evidence: BSA Section 63, BNSS search and seizure and the IT Act.California Consumer Privacy Act and California Privacy Rights Act
California's privacy law applies to for-profit businesses that meet revenue or volume thresholds, and it reaches their vendors by contract. It is a state law, enforced by the Attorney General and a dedicated agency, and it is not the law of the rest of the United States.

What It Is and Who Enforces It
The California Consumer Privacy Act of 2018 gave California residents rights over the personal information that businesses collect about them. In November 2020 voters approved Proposition 24, the California Privacy Rights Act, which amended and extended the CCPA; its new protections began on 1 January 2023. The amended law is still called the CCPA, and the Attorney General's own page uses that name.
Two bodies enforce it. The Attorney General brings civil actions, and the California Privacy Protection Agency, created by Proposition 24, writes the regulations and runs administrative enforcement, including investigations and audits. Consumers can sue only over a data breach, and only in limited circumstances. The agency's latest regulations package, covering updates to the existing rules, insurance, cybersecurity audits, risk assessments and automated decisionmaking technology, was adopted by its board on 24 July 2025, approved by the Office of Administrative Law on 22 September 2025 and took effect on 1 January 2026.
This is California's law. Other states have passed their own comprehensive privacy laws, covered on the US State Privacy Laws page, and there is no federal equivalent of general application. No single privacy rule applies everywhere, and reading this page makes neither a business nor a laboratory compliant with anything.
Scope and Territorial Reach
The CCPA applies to for-profit businesses that do business in California and meet any one of three tests: gross annual revenue above the statutory threshold of 25 million dollars, which the agency adjusts and now lists as 26.625 million dollars or more from 1 January 2025; buying, selling or sharing the personal information of 100,000 or more California residents or households in a year; or deriving 50 percent or more of annual revenue from selling or sharing California residents' personal information. Non-profits and government agencies are generally outside it. A California resident is someone who lives in the state, even when temporarily outside it, and since the employment exemptions expired on 31 December 2022 employees and job applicants count.
A laboratory, training institute or incident response firm in India will rarely be a business under these tests. It is caught as the business's vendor, which the Act calls a service provider or contractor, bound by a written contract that limits what it may do with the data. When a California company engages you to examine a breached server or an employee's laptop, that contract is where the CCPA reaches you, and a breach you cause on your side becomes the business's breach to notify.
Key Terms
- Automated Decisionmaking Technology
- A subject of the regulations in force from 1 January 2026, which set requirements for its use by covered businesses.
- Business
- A for-profit entity that does business in California and meets one of the three thresholds on revenue, volume or share of revenue from selling or sharing.
- Data Broker
- A business that knowingly collects and sells consumers' personal information to third parties. Brokers must register under Civil Code section 1798.99.82.
- Personal Information
- Information that identifies, relates to or could reasonably be linked to a particular consumer or household. Publicly available information, including public property records, is excluded.
- Sensitive Personal Information
- A sub-category that includes social security and driver's licence numbers, precise geolocation, genetic data and health information, over which consumers have a right to limit use.
- Service Provider or Contractor
- A vendor that processes personal information for a business under a written contract that limits its use. The usual position of a forensic laboratory.
- Sharing
- Disclosure of personal information for cross-context behavioural advertising. The right to opt out covers both selling and sharing.
Duties That Matter in an Investigation
- A Contract With Every Vendor
The business binds its service providers and contractors in writing. Your engagement letter should state the purpose, forbid use of the data for anything else and set deletion at the end. Without it the business cannot show that the examination stayed within the law.
- Purpose Limitation
Collection and use are limited to disclosed purposes. An examination of a customer database for a fraud inquiry is a use the business should be able to tie to its privacy notice or to a legal exception, and it should record which.
- Risk Assessments and Cybersecurity Audits
The regulations in force from 1 January 2026 require cybersecurity audits and risk assessments for businesses that meet the regulations' criteria. A business that has suffered a breach should expect its audit and assessment records to be read against what the forensic report found.
- Security That Can Be Defended
The private right of action for breaches exists only in limited circumstances, and in those cases the question is usually whether the business kept reasonable security. The forensic timeline of how the attacker got in is evidence on that question, which is why incident reports are prepared under counsel.
- Responding to Consumers
Requests are answered within 45 calendar days, extendable once by a further 45 with notice. A laboratory holding copies of a business's data must be able to help the business find, delete or correct a consumer's records, or confirm that an exception applies.
- Data Broker Registration
Businesses that knowingly collect and sell consumers' personal information to third parties must register under Civil Code section 1798.99.82. An investigation that traces where leaked data was sold often ends at a registered or an unregistered broker.
Breach Notification in California
- 01Know Which Statute Applies
Breach notification is not in the CCPA itself. Businesses notify under Civil Code section 1798.82 and state agencies under section 1798.29. The Attorney General's breach reporting page links both.
- 02Identify Unencrypted Personal Information
The duty is triggered by a breach of unencrypted personal information as those sections define it. Whether the data was encrypted, and whether the key was also taken, is a forensic finding that decides a legal duty, so record it with evidence, not assumption.
- 03Notify Affected Residents
The business notifies the affected California residents in the form the statute sets. Counsel drafts the notice from the forensic findings.
- 04Send a Sample Notice to the Attorney General
Any person or business required to notify more than 500 California residents of a single breach must electronically submit a sample copy of the notice to the Attorney General, without personally identifiable information.
- 05Preserve the Evidence for the Lawsuit
Because consumers can sue over a breach, with statutory damages the Attorney General's page describes as up to 750 dollars per incident, the forensic images, logs and timeline must be preserved under a litigation hold from the first day.
Rights and Exceptions That Touch an Examination
- Right to know what personal information a business collects, uses, shares and sells, and to receive a copy of it.
- Right to delete, subject to exceptions that include keeping data to comply with legal obligations and to exercise or defend legal claims. Evidence held for a live matter falls here.
- Right to correct inaccurate personal information.
- Right to opt out of sale or sharing, and right to limit the use of sensitive personal information. A business may refuse an opt-out where sale or sharing is needed for legal compliance or legal claims.
- Right to equal treatment: no discrimination for exercising these rights.
- The Act's exemptions include certain medical information and data regulated under the Fair Credit Reporting Act. A business regulated under HIPAA or the Gramm-Leach-Bliley Act should take advice on how far the CCPA still reaches its other data.
What the Act Does Not Do, and What a Report Should Contain
The CCPA does not stop a business from complying with a legal obligation or defending a legal claim; those are the stated exceptions to deletion, and the Attorney General's page says a business may keep data for them. It does not give consumers a right to sue for every violation; for most violations only the Attorney General or the agency may act. It does not apply to non-profits or government bodies, and it is not a certification scheme. The agency audits and investigates. It does not certify.
A report prepared for a California business names the data categories involved in the terms the Act uses, states whether personal information and sensitive personal information were affected, and records whether the data was encrypted and whether keys were exposed. It counts the California residents affected, because the sample notice to the Attorney General depends on the 500 threshold, and it separates fact from inference on how access was gained. It does not include consumers' personal information beyond what the finding needs, and it is prepared with counsel because it may be read in a consumer lawsuit.
Common Questions
We are an Indian incident response firm. Does the CCPA apply to us?
Not as a business, unless you meet the thresholds in California. It applies through your contract as the business's service provider, and through the breach you would cause if you lost the data. Read the contract's data clauses before you accept the engagement.
Does the CCPA set a deadline for breach notification?
Breach notification sits in Civil Code section 1798.82, not in the CCPA. Notify affected residents as that section requires, and send a sample notice to the Attorney General when more than 500 California residents are notified.
Can a business refuse to delete evidence a consumer asks it to erase?
Yes where an exception applies, including legal obligations and the exercise or defence of legal claims. The business should record which exception it relied on and keep the data only for that purpose.
Official sources
- California Consumer Privacy Act (CCPA): thresholds, rights and enforcementCalifornia Department of Justice, Office of the Attorney General
- Frequently asked questions on the CCPA, including the adjusted revenue thresholdCalifornia Privacy Protection Agency
- Regulations, including the package effective 1 January 2026California Privacy Protection Agency
- Data security breach reporting: sample notices for breaches affecting more than 500 California residentsCalifornia Department of Justice, Office of the Attorney General
This page is educational material, not legal advice. Laws and standards change, commence on different dates and are interpreted differently across jurisdictions. Always read the official text linked on this page and take advice from a qualified professional for a real matter.
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