Due to recent developments, it appears that a California Consumer Privacy Act (“CCPA”) amendment exempting employee and job applicant data will not be as robust as once envisioned. More specifically, it appears that the proposed amendment – AB 25 – has been revised to provide that the CCPA will apply to the personal information of personnel and other personnel. However, there are new nuances that employers should be aware of and prepare for now.
The Latest Version of AB 25
Previously, AB 25 would have completely exempted the personal information of personnel, job applicants, and others that was used in the context of human resources and talent administration (“Personnel / Applicants”) (See Section 1798.145 (g)(1) for the complete list). However, the California Senate Judiciary Committee has proposed a new version. Its version is likely to pass by mid-September 2019. Moreover, its version of AB 25 would exempt for one (1) year (i.e., until January 1, 2021) the majority of the CCPA’s requirements as they relate to the personal information of the Employee and Job Applicant Data.
After the exemption period expires (January 1, 2021), businesses would then be subject to all of the CCPA’s requirements in the human resources and talent administration context.
How should your company prepare now?
While AB 25 may continue to be amended by the end of September 2019, it is highly unlikely that the law will never apply to Personnel / Job Applicants’ personal information. Therefore, businesses should:
Note: This post first appeared on ERE.
By Josh Torres, Corporate Privacy and Regulatory Counsel at iCIMS