The Employee Data Exemptions that existed in the original CCPA will no longer be effective in 2023 as the scope of the data protection law expands under the CPRA.
In November 2020, California residents voted to adopt the California Privacy Rights Act (“CPRA”) referendum aimed at increasing the data protection requirements and obligations under the California Consumer Privacy Act (“CCPA”).
Among its many changes was to strike the CCPA’s original employee data exemptions. Under the CCPA, the data protection requirements do not apply to personal information collected from a job applicable, employee, owner, director, officer, staff, etc. of a business; provided that the personal information collected is only used in the context of that person’s business role.
That exemption meant that businesses that may were not consumer facing, or where only collecting small amounts of consumer personal information—outside of their employee base—likely did not have to comply with the CCPA’s requirements. Additionally, even businesses who were within the scope of the CCPA did not have to include their employee personal information in their compliance efforts.
However, the CPRA amends the CCPA and phases the exemption out. Beginning Jan. 1, 2023, businesses that fall within the scope of the CCPA must meet the CCPA’s requirements even for collected employee personal information that is only collected and used in the employment context.
This also means that businesses who have large employee...
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