CALIFORNIA, STATE OF - DEPARTMENT OF JUSTICE, HAWKINS DATA CENTER 5

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California Department of Justice EXHIBIT E BREACH RESPONSE Memorandum of Understanding Exhibit E. Breach Resoonse 1. Discovery of Breach. Agency agrees to notify DOJ immediately by telephone call plus email or fax upon the discovery of any breach of security of any files containing classified criminal justice data (in whatever form, paper or electronic) if the data involved was, or is reasonably believed to have been, acquired by an unauthorized person, or within 24 hours by email or fax of the discovery of any suspected security incident, intrusion or unauthorized use or disclosure of files containing classified criminal justice data in violation of this MOU or potential loss of confidential data affecting this MOU. Notification shall be provided to the DOJ Program and Technical Manager, the DOJ Information Security Officer and the DOJ Chief Information Officer. If the incident occurs after business hours or on a weekend or holiday and involves electronic data, notification shall be provided by contacting the DOJ Information Security Officer. DOJ shall take: Prompt corrective action to mitigate any risks or damages involved with the breach and to protect the operating environment and Any action pertaining to such unauthorized disclosure required by applicable Federal and State laws and regulations. 2. Investigation of Breach. Agency shall immediately investigate such security incident, breach, or unauthorized use or disclosure of criminal justice data or any other confidential data. Within 72 hours of the discovery, Agency shall notify the DOJ Program and Technical Manager, the DOJ Information Security Officer and the DOJ Chief Information Officer of: I. The data elements involved and the extent of the data involved in the breach, II. A description of the unauthorized persons known or reasonably believed to have improperly used or disclosed confidential data, lli. A description of where the confidential data is believed to have been improperly transmitted, sent, or utilized, IV. A description of the probably causes of the improper use or disclosure; and V. Whether Civil Code sections 1798.29 or 1798.82 or any other federal or state laws requiring individual notifications of breaches are triggered. 3. Written Report. Agency shall provide a written report of the investigation to the DOJ Program and Technical Manager, the DOJ Information Security Office and the DOJ Chief Information Officer within ten (10) working days of the discovery of the breach or unauthorized use or disclosure. The report shall include, but not be limited to, the Page 1 of 2