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The California Privacy Rights Act (“CPRA”) comes into force on January 1, 2023, and will amend and extend the privacy rights under the California Consumer Privacy Act (“CCPA”). Assuming no further applicable extensions or amendments are passed, the CPRA will eliminate the CCPA’s exemptions that apply to employee data and businesses subject to the CPRA will have to comply with obligations with respect to the processing of employee data.

What Is the Current Situation Under CCPA?

Currently, the CCPA provides employers with limited exemptions with respect to employment related personal information, when that personal information is collected and solely used in connection with the individual’s role as an employee or job applicant, dependent, beneficiary, independent contractor or owner. Specifically, the CCPA does not extend certain consumer rights, including the right to access or delete personal information, to employees. Note, however, that the CCPA does not provide a blanket exemption for employment related data, and employers are still required to adequately safeguard the personal information they collect, and provide notice of processing (at or before the point of collecting the personal information) to the applicable individual.

What Are the New Obligations and Rights Related to Employee Data under CPRA?

(1) Employers must prepare and provide a privacy notice to an employee and/or job applicant at or before the time personal information is collected.

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