Does the CCPA apply to the personal information of employees?
The CCPA applies to personal information held about “consumers” – a term which is defined as referring to any resident of California.1 As a result, if a business is governed by the CCPA, the rights conferred by the statute apply to the business’s employees.
While the CCPA applies to data collected about employees, the California legislature passed an amendment in 2019 (Senate Bill 25) that effectively phased-in the rights afforded to employees over the course of 2020. Pursuant to the amendment, those provisions of the CCPA found within Sections 100(b) and 150 applied immediately to employees.2 These included the obligation that a business inform an employee “at or before the point of collection” of the personal information to be collected and the purposes for which the information will be used.3 They also included the ability of an employee to bring suit if an employer failed to adequately protect sensitive category information.5 Employee’s personal information was exempted from other provisions of the CCPA until January 1, 2021 (e.g., access rights, deletion rights, sale rights, etc.).5
For more information and resources about the CCPA visit http://www.CCPA-info.com.
This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes. You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.
1. CCPA, Section 1798.140(g).
2. CCPA, Section 1798.145(h)(3).
3. CCPA, Section 1798.100(b).
4. CCPA, Section 1798.150.
5. CCPA, Section 1798.145(h)((1)(A), (4).
This document provides a general summary and is for information/educational purposes only. It is not intended to be comprehensive, nor does it constitute legal advice. Specific legal advice should always be sought before taking or refraining from taking any action.