In addition the California Consumer Privacy Act, which was enacted earlier this year, the Golden State is instituting another cybersecurity law, which will kick-start in 2020, according to ABA Journal.
The new law will regulate the security of internet-enabled devices sold in the state; manufacturers of connected devices will have to provide “reasonable security” to protect stored or transferred information. “the California law specifically requires devices that can be accessed by an area network to either be preprogrammed with a unique password or require a user to generate a new password before using the device,” ABA Journal says. The goal of the new law is to protect users from cyberattacks, data theft, destruction, and tampering of their data.
What decision makers need to know:
While the new law aims to keep sacred data safe, it contains gaps that might cause more headaches than help decision makers who conduct business in California. For example, while the law calls for a “reasonable security feature,” that feature isn’t actually defined, which ultimately raises more questions. “With no guidance yet from the state attorney general, the law remains open ended, “ according to ABA Journal.
On top of that, the new law also does not create a private right of action, like the California Consumer Protection Act does. This means that “the state attorney general, along with city attorneys, county counsels and district attorneys, will enforce the law,” taking away some control of protection from consumers.
Plus, the new law will not be able to cover all types of device security, meaning that cyber attacks are still possible, making cyber issues deeper than “the need for passwords,” ABA Journal says. For example, without a company knowing, “backdoors could be placed in a device and provide a way to access its contents regardless of a password.” As a result, decision makers working with this law will continue “to wrestle with vulnerabilities” until more research on cybersecurity legislation is conducted, and a potential airtight solution is developed.