California Assembly Bill 1221, which would establish strict rules regarding the use of surveillance equipment in the workplace, was introduced in February by state Assemblymember Isaac G. Bryan. The bill stems from worries about data security, worker privacy, and the increasing use of surveillance technologies in the modern world of work.

In a speech before the Assembly on May 1, Bryan, a Democrat who represents California’s 55th district, said the bill aims to introduce “prohibitions on the most abusive technologies,” which are on another level in terms of “scale, speed, and invasiveness.”

SHRM has publicly opposed the legislation as “overly broad, operationally burdensome, and likely to result in unintended consequences — particularly for small and midsized employers.”

The proposed statute defines “tools” in a broad sense to include any hardware, software, or system that companies use to monitor or collect data from their workers. Audio and video recording, computer tracking, keystroke logging, and facial recognition software all fall under the statute’s wide-ranging definition.

AB 1221 would require employers to provide affected workers with notice prior to introducing a surveillance tool. It would also create guidelines for the proper use of worker data, as well as prohibit employers from using the tools in certain controversial ways. Employers who violate the statute would be subject to a civil penalty.

Modern Workplace Surveillance

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