When assisting businesses with the commercial aspects of the California Consumer Privacy Act, we advise them that this same law, with “consumer” in its name, also applies to data related to job applicants, employees, contractors, and other California state residents. Some are surprised, but we get to work addressing some nuanced issues, as some CCPA provisions do not neatly fit the employment relationship.
Fortunately, last month, the California Privacy Protection Agency (CPPA) issued an invitation for preliminary comments on potential updates to CCPA regulations addressing notices and disclosures and the handling of employee data. So, if you have questions or concerns about the CCPA’s application to employment information, you can submit that feedback by May 20.
The CPPA is considering whether to amend existing regulations or adopt new rules governing privacy notices (e.g., privacy policies, notices at collection, and rights notices) and their application to workforce data. In short, the CPPA is seeking stakeholder input on both consumer-facing disclosures and employment lifecycle data practices, including hiring, active employment, and offboarding. Notably, the agency is offering this opportunity not only to businesses, but also to employees, applicants, and other consumers.
Key Areas for Consideration
Employee Notice Timing and Delivery: The CPPA asks when and how employees receive notices (e.g., at hiring, during employment, or at offboarding), highlighting uncertainty around optimal timing and format for workforce-specific disclosures.
Application of CCPA Rights in the Employment Context: The CPPA also is seeking input on a pain point for employers, namely managing the exercise of consumer rights under the CCPA. This includes questions about applicant and employees’ experiences exercising access, deletion, or correction rights suggesting a need for clearer rules on scope, verification, and operational workflows for HR data. An example of one question:
Have you exercised your CCPA rights as a job applicant or employee?
a. Describe your experience exercising your rights.
b. Describe any challenges you experienced when exercising your rights.
c. Do you have any suggestions on how to improve the experience?
In some cases, employers face challenges with the nature, scope, and purpose of such consumer rights requests from applicants and employees (including former employees as well as independent contractors).
Oversight of Service Providers and Contractors: The CPPA is probing how businesses monitor vendors’ compliance (e.g., audits, testing), indicating potential future guidance on accountability frameworks and due diligence expectations in the employment data ecosystem.
As noted, the CPPA is accepting preliminary comments through May 20, 2026, and feedback at this stage may shape future proposed regulations. Contact us if you would like to discuss how these developments may impact your organization or are interested in submitting comments to help shape the regulatory process to address your business needs.