The California Consumer Privacy Act (CCPA), enacted in 2018, imposes some of the strictest restrictions in the nation on the collection and use of personal information by covered businesses. It also gives California consumers unprecedented rights regarding what personal information is collected and stored, and for how long.
Although application of the CCPA’s provisions to HR information – including information collected by a business from job applicants, current employees, or contractors – has been delayed until January 1, 2021, there are still obligations that will go into effect on January 1, 2020, including the requirement that companies develop and provide to California consumers – ostensibly including employees, job applicants, and contractors – a privacy policy that describes their CCPA rights, and how their personal information is collected and shared.
On October 11, 2019, the California Attorney General published proposed regulations to enforce the CCPA. Once finalized, the regulations are designed to provide additional guidance to companies on how to comply with those obligations, although the draft regulations leave open questions as to the extent to which the CCPA’s requirements currently apply to the workplace.
The text of the CCPA and a copy of the proposed regulations are both available online.
Members of the Center for Workplace Compliance (CWC) can read more here.