Exam CIPP-US topic 1 question 105 discussion

The CCPA provides consumers with a private right of action and is the first U.S. statute to expressly allow consumers to recover statutory damages as a result of data security incidents. The CCPA provides consumers with special remedies for data breaches, including statutory damages of between $100 and $750 per incident, actual damages, or other remedies the court deems appropriate To be entitled to these remedies, the breach must consist of (1) “an unauthorized access and exfiltration, theft, or disclosure” of the consumer’s personal information resulting from (2) the business’s failure to “implement and maintain reasonable security procedures and practices.” These remedies do not apply to personal information that has been “encrypted or redacted. “

Agree with the rest that D is the correct one.

The right answer is D, but C makes more practical sense because it's better for John to immediately sue for actual damages. If he sues for statutory damages, he would have to give the business an opportunity to cure and, if they cured, he couldn't bring a claim for statutory damages. He doesn't have that same obligation if suing for actual damages. California Code, Civil Code Section 1798.150(a)(1))

The answer is D. CCPA includes statutory damages of $100 and $750 per incident, irrespective of actual damages.