Update applicable to:

California employers subject to the CCPA (Covered employers)

What happened?

On July 14, 2023, California’s Attorney General announced an “investigative sweep” regarding compliance with the CCPA.

What are the details?

The announcement is a new enforcement sweep aimed at ensuring that companies comply with the California Consumer Privacy Act of 2018 (“CCPA”) with respect to the personal information of employees and job applicants. The exemption for HR-related data under the CCPA expired on January 1, 2023, when the amendments to the CCPA made by the California Privacy Rights Act of 2020 became operative. The Attorney General plans to send inquiry letters to large California employers requesting information on compliance with CCPA with respect to the personal information of employees and job applicants.

For more information, please see the links below:

Attorney General Press Release

Article 1, Article 2, Article 3

What do employers need to do?

The Baker McKenzie law firm recommends employers implement / update contracts with service providers, affiliates and other parties to whom the company discloses personal information about applicants and personnel, to avoid triggering or violating opt-out rights of employees (and implement an opt-out program if required); issue / update privacy notices to job applicants and employees and addressing applicant and HR data in the company’s online CCPA Privacy Policy;

Update the company’s data subject request program and train HR professionals; revisit data deletion and retention policies given broad access rights for employees and associated compliance costs and risks; and prepare assessments concerning the use of “sensitive personal information” to support reliance on exceptions or offer opt-out rights to employees. Employers may want to consult their own employment attorney with assistance specific to their business.

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