Seyfarth Synopsis: Employers need to be aware of the significant changes that are on the horizon when the California Privacy Rights Act (CPRA) becomes operative on January 1, 2023.
By way of background, in November of 2021, California residents voted to pass the CPRA, which affords California consumers heightened rights and control over their personal information. California residents already have a number of rights under the California Consumer Privacy Act (CCPA), and the CPRA will provide even more rights to individuals — including employees — in California.
Currently, the only obligations that covered employers have under the CCPA is to provide a notice of collection and to reasonably safeguard personal information due to a partial exemption under CCPA for information collected in the context of employment. However, this will change on January 1, 2023, when the partial exemption for employers under the CCPA will expire. Although bills were proposed to extend the exemption for employers until at least January 1, 2026, the last day on which the California legislature could have passed those bills into law was August 31, 2022.
What’s New For Covered Employers In 2023 Under CPRA?
California employees of covered employers will have increased rights as of January 1, 2023, and accordingly, their employers will have increased compliance obligations. The new rights for California employees will include, among others:
(1) the right to know: the employee’s right to notice...
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