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ARTICLE · 05 AUGUST 2019

Effort To Exempt "HR Data" From CCPA Falters

Labor groups concerned about employee privacy have succeeded in slowing the effort to pass legislation exempting employer-held information from the California Consumer Privacy Act ("CCPA").

United StatesPrivacy

Labor groups concerned about employee privacy have succeeded in slowing the effort to pass legislation exempting employer-held information from the California Consumer Privacy Act ("CCPA"). Thanks to their intervention, the proposed legislation – AB 25 – has been revised to provide that the CCPA will apply to personal information of employees and other personnel, but – with two key exceptions – not until January 1, 2021.

AB 25 as it stands now

In the form passed by the California State Assembly, AB 25 would have completely exempted from the CCPA personal information of employees, job applicants, contractors and agents collected and used in the context of HR administration. However, the bill was modified in the Senate Judiciary Committee to address the labor groups' concerns. In its current form, AB 25 would exempt for one year – until January 1, 2021 – most CCPA requirements relating to personal information of:

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