“Consumers” can bring suit under the CCPA if they can prove the following five elements:
- A business incurred a data breach;
- The data breach involved a sensitive category of information identified in Cal. Civil Code Section 1798.81.5;
- The business had a legal duty to protect the personal information from breach;
- The business failed to implement reasonable security procedures and practices; and
- The business’s failure resulted in (i.e., caused) a data breach.
While the common definition of “consumer” suggests that it refers to an individual that has “consumed” a product or a service in relation to a company, the definition ascribed by the CCPA is that a “consumer” is any “natural person who is a California resident.”1 As a result individuals that are not residents of California are not permitted to bring suit under the statute.