8669.1
(a) A critical infrastructure business that experiences a breach of security of critical infrastructure information or critical infrastructure controls and is required by federal law to disclose that breach to federal authorities shall, within a reasonable amount of time after discovering that breach, disclose that breach to the office, unless that disclosure would otherwise be prohibited by law. If that critical infrastructure business is not required to disclose that breach by federal law, then that business may, and is strongly encouraged to, disclose that breach to the office.(b) Notwithstanding subdivision (a), a person or business that discloses a breach of security of critical infrastructure information or critical infrastructure controls to the multistate information sharing and analysis center and does so in a manner otherwise consistent with this section shall be deemed to be in compliance with the notification requirements of this section.
(c) A critical infrastructure business shall disclose a breach pursuant to this section to the office, in a form and manner required by the office, in the most expedient way possible, except that disclosure may be delayed for either of the following reasons:
(1) A law enforcement agency determines that the notification will impede a criminal investigation. However, the notification required by this section shall be made promptly after the law enforcement agency determines that it will not impede the investigation.
(2) The delay is necessary to determine the scope of the breach and to restore the reasonable integrity of the data system.
(d) The office may promulgate regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3) to further define the terms used in this section and provide guidance as to the types of companies and attacks considered reportable under this section.
(e) The information and reports required by this section are confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).
(f) Notwithstanding subdivision (a), a person or business that experiences a breach of security that only results in the loss of personal information, and that reports the breach to the Attorney General in compliance with subdivision (f) Section 1798.82 of the Civil Code, shall be deemed to be in compliance with the notification requirements of this section.