Set the incident facts against the statutory breach elements
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Place each fact from the log under one element of Civil Code section 1798.82: acquisition, encryption, personal information, and discovery date. Write no conclusion and no notice.
- What the lawyer must review
- Section 1798.82(g) defines a breach of the security of the system as unauthorised acquisition of computerised data that compromises the security, confidentiality, or integrity of personal information. Good-faith acquisition by an employee or agent for the business's purposes is not a breach if the information is not used or subject to further unauthorised disclosure. Whether this incident meets that definition, and whether notice is required, is your decision. The tool does not make it. HIPAA and other state statutes can apply at the same time and were not applied by this table.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.