California has a privacy law that took effect on January 1, 2020, and it’s not the California Consumer Privacy Act (CCPA). This new privacy law regulates Internet of Things (IoT)-connected devices. SB 327 was enacted in 2018 and became effective on January 1, 2020. The California IoT law requires manufacturers of connected devices to equip the device with a reasonable security feature or features that are all of the following:

  • appropriate to the nature and function of the device;
  • appropriate to the information the device may collect, contain, or transmit; and,
  • designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure.

So which manufacturers must comply with this new law and what is considered a connected device?

A manufacturer is defined as the person who manufactures, or contracts with another person to manufacture on the person’s behalf, connected devices that are sold or offered for sale in California. This seems clear enough – if you manufacture a connected device that is sold or offered for sale in California, the California IoT law applies.

What is a connected device?

A connected device is any device or other physical object that is capable of connecting to the Internet, directly or indirectly, and that is assigned an Internet Protocol address or Bluetooth address. Smart phones, watches, speakers, wearable devices, televisions, thermostats, doorbells – the list is almost endless — are all examples connected devices.

What is a reasonable security feature?

The law states it shall be deemed a reasonable security feature if either of the following requirements are met:

(1) The preprogrammed password is unique to each device manufactured; or

(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.

California joins Oregon as the two states that require reasonable security features for IoT devices. For more information on the Oregon IoT law, see our previously blog post here. Both of these laws mean that manufacturers must incorporate these security measures into connected devices. As a practical matter, these security features mean that IoT devices will be less vulnerable to attack since they will no longer work with the “generic” default password set by a manufacturer.

Photo of Deborah George Deborah George

Deborah George is a member of Robinson+Cole’s Business Litigation Group as well as its Data Privacy + Cybersecurity Team. Ms. George advises clients on and focuses her practice on data privacy and security, cybersecurity, and compliance with related state and federal laws. She…

Deborah George is a member of Robinson+Cole’s Business Litigation Group as well as its Data Privacy + Cybersecurity Team. Ms. George advises clients on and focuses her practice on data privacy and security, cybersecurity, and compliance with related state and federal laws. She also has experience providing counsel in civil litigation and employment law matters. She has significant experience offering advice and counsel on legal issues related to human services agencies, including Medicaid, as well as drafting and reviewing contracts, business associate agreements, and data use agreements. Read her full rc.com bio here.