Employment Privacy Blog

News, commentary, and legal updates from attorneys in the Data Security and Workplace Privacy Practice Group at Fisher Phillips.

Latest from Employment Privacy Blog - Page 2

California’s all-inclusive privacy law, the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, has already been cited in numerous lawsuits. Over this next year, employers are likely to see lawsuits testing the waters of the new statute. For now, the first wave of CCPA lawsuits raise several unsettled questions and serve as an important reminder to implement procedures to bring your business in compliance.…
While the federal government continues to work on a national program of consumer privacy safeguards, Washington is on the brink of joining California in a West Coast wave of consumer privacy legislation.  In January 2020, a bipartisan group of Washington legislators presented new legislation for a privacy act that looks to surpass the recent California Consumer Privacy Act (“CCPA”) as the most protective consumer privacy act in the country.…
On February 10, 2020, the Attorney General issued revisions to the proposed regulations to the California Consumer Privacy Act (the CCPA) which were originally published in October of last year. While the Attorney General cannot bring an enforcement action until July 1, 2020, these revisions indicate that the office is gearing up to start bringing CCPA enforcement actions in July. Further, while employers won a brief reprieve for their employee and applicant personal information due…
The government just sent a stern reminder to all employers, especially those involved in providing healthcare, that they must still comply with the protections contained in the HIPAA Privacy Rule during the Coronavirus outbreak. The Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) issued a reminder this month after the World Health Organization declared a global health emergency. In fact, the Rule includes provisions that are directly applicable to…
Franchisees, Subsidiaries, and Affiliates Beware: California’s New Privacy Law May Apply To You, Too Many small or solo franchisees, subsidiaries, and affiliates of larger businesses may think the California Consumer Privacy Act (CCPA), does not apply to you because you don’t meet one of the three threshold criteria. Your annual revenue is under $25 million, you do not annually collect the personal information of 50,000 or more California residents, households or devices, and…
Illinois has introduced new workplace privacy legislation governing the use of artificial intelligence during the job interview process. The state legislature unanimously passed the Artificial Intelligence Video Interview Act (“the AIVI Act”), HB2557, which imposes consent, transparency and data destruction requirements on employers using AI technology during the job interview process. This comes at a time as many employers are beginning to take advantage of AI for hiring as recently reported by the Washington…
California’s Groundbreaking Privacy Law Amended: What Do Employers Need To Know? Governor Gavin Newsom just signed into law two amendments to the California Consumer Privacy Act (CCPA) that will have a direct impact on employers doing business in the state. The new amendments, signed on October 11, 2019 and taking effect on January 1, 2020, require covered businesses meeting a certain revenue threshold or other criteria to implement policies and procedures that provide consumers –…
New York Expands The Data Breach Umbrella: More Cybersecurity Incidents Will Require Breach Compliance From Businesses Who Possess Private Information For New York Residents On July 25, 2019, New York Governor Anthony Cuomo signed the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) into law.  The Act creates additional protections for the residents of New York and their private information.  It also endeavors to improve cybersecurity measures for those who possess private information…
Have You Thought About Encrypting Your Company’s Data, And Its Communications? Perhaps You Should Alright. So, you’ve battened down the hatches of your company’s premises, to protect your employees and your information. Employees are required to create secret computer passwords they’re not to share with anyone, even colleagues. Your policy requires changing passwords every 45 days. You’ve installed security guards at the front desk, distributed security badges to limit access to your premises, conducted background…
Thanks to recent negotiations among state lawmakers, it appears that California employers may get a temporary reprieve on some of the more sweeping data privacy requirements that were set to take effect in just a few short months. However, the pending legislation that would provide the delay would not exempt employers from significant disclosure requirements that also comprise the California Consumer Privacy Act (CCPA) – meaning you should still be in the process of preparing…