News & Analysis as of

Personnel Records California Consumer Privacy Act (CCPA)

Husch Blackwell LLP

California Legislature Fails to Extend CCPA Employee and B2B Data Exemptions

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Keypoint: Businesses subject to the CCPA will need to revise their compliance programs before the exemptions expire on January 1, 2023. As previously reported, the California legislature had been considering multiple bills...more

BCLP

The End of the HR Data Exemption under California law?

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Unless the California legislature acts soon, the scope of information subject to the California Privacy Rights Act (“CPRA”) will include all employee or human resource-related personal information on January 1, 2023. To date,...more

Dorsey & Whitney LLP

Will Employers Have More Obligations Beyond the CCPA if these California Privacy Bills Pass?

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California employers have navigated the ever-changing privacy landscape when it comes to employee and personnel personal information (“human resources data”). For years, California employers’ obligations were narrow in scope...more

Fox Rothschild LLP

If You Don’t Want It Released to an Employee, Don’t Put It in Your Employee Files

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The old saying went that “if you don’t want it on the front page of the newspaper, don’t put it in an email.” Well, if you don’t want to produce it as part of an employee’s Data Subject Access Request (DSAR), it shouldn’t be...more

Dorsey & Whitney LLP

How Large Employers Can Prepare for CCPA/CPRA Obligations for “HR Data” in 2022

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Get ready, large employers. After years of amendments exempting the personal information of employees and other personnel from the California Consumer Privacy Act (“CCPA”), covered employers now have a firm deadline by which...more

BCLP

What personal information does an employer typically collect about its employees?

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The CCPA defines the term “personal information” to include any information that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a...more

BCLP

Privacy FAQs: If a company receives a data access request from an employee, will it have to share with them performance reviews...

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The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

BCLP

Employers’ Most Frequently Asked Questions About the California Consumer Privacy Act — Series 2: Jurisdiction, Question 3

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Question: If a company is based in California, will the requirements of the CCPA apply to all employee data held by the company? Probably not. Assuming that the CCPA applies to the employer, it will only impact data...more

BCLP

Employer CCPA FAQs #7: If an employer is based in California, will the CCPA requirements apply to all employee data held by the...

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As our series of FAQs regarding the California Consumer Privacy Act (“CCPA”) continues we are examining the scope of the law’s jurisdiction. These FAQs should help employers determine if they are required to comply with the...more

BCLP

Meet the CCPA! Employers’ Most Frequently Asked Questions About the California Consumer Privacy Act (“CCPA”) - Series 1, Question...

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Question 2: What is “personal information?” The CCPA defines the phrase “personal information” to refer to any information that “identifies, relates to, describes, is capable of being associated with, or could reasonably...more

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