In our widely-attended webinar last week, SPB’s Carmen Cole, Annette Demmel, Kyle Fath, Alan Friel and Shea Leitch joined forces to discuss how the California Privacy Rights Act (CPRA) will present significant new challenges − even for companies that are currently California Consumer Privacy Act (CCPA) compliant. This is due, in part, to the CPRA’s regulation of the collection, use and disclosure of employee, applicant, independent contractor and other “HR Data” that is currently largely exempt from the CCPA. Starting on Jan. 1, 2023, organizations will have to apply various obligations to otherwise common and routine HR data processing. Importantly, businesses should be aware that the scope of application will likely extend beyond California-based employers to those outside of the state, such as in the case of remote workers and California-based job applicants.
In case you missed the program, you can access the recording and hear what our team had to say on these topics:
- The “consumer” rights and business obligations that apply to HR data under the CPRA
- Completing a data inventory for HR Data and otherwise preparing for compliance in view of delayed regulations
- Balancing the obligations under the CPRA with a tangled web of California employment laws and regulations
- Preparing for the notoriously litigious employment plaintiffs’ bar to use CPRA rights as an alternative, pre-litigation discovery mechanism
- Lessons learned from GDPR employee data subject access requests, including regarding emails and unstructured data
- The scope of privilege, trade secrets and protection of another person’s privacy rights
- Status of pending legislation that would extend HR and B-to-B Data exemptions
- The potential distinction between business data and personal information
- How new purpose and retention limitations will help minimize access
- The use of self-serve access and focusing of requests to limit search parameters and of Section .145(h)(3)(formerly (g)(3)) to limit access
- Application of deletion exception retention purposes to HR data
Our slide presentation is also available here. And, coming soon: our deep dive series of blogs on many of these issues. BOLO!