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Data Points Privacy & Data Security Law Blog: California Consumer Privacy Act Update: California Legislature Provides Relief for Businesses Processing Employee Data

October 2019

Charlotte Privacy & Data Security Member Karin McGinnis published the Data Points Blog titled, “California Consumer Privacy Act Update: California Legislature Provides Relief for Businesses Processing Employee Data”. 

The blog article:

The California Consumer Privacy Act (CCPA) imposes significant protections for California residents covered by the law, and significant burdens for companies required to comply with it. One area of concern is whether the CCPA applied to employee data collected by a business.  The language of the CCPA was unclear, but was open to the interpretation that its protections covered such data.  With an effective date of January 1, 2020, employers have been watching to see if the California legislature would clear up the uncertainty.  The good news is that for at least until January 1, 2021, most of the CCPA will not apply to employee information, provided that the California governor signs recent amendments to the CCPA (which he is expected to do).   Last month the California legislature passed AB 25 which provides a one year moratorium on the application of the CCPA to personal information collected by a covered business on job applicants, employees, owners, directors, medical staff and contractors of that business, in their capacity as a job applicant, employee, etc.  There are two exceptions:  (i)  the employer still must disclose to the employee, at or before collection, the categories of personal information that the employer collects on the individual and the purposes of the collection (Cal Civ. Code 1798.100(b); and (ii) job applicants, employees, etc. still have the right to bring a private cause of action if there is a data breach (Cal Civ. Code 1798.150). 

Please click here to view the complete blog article.