December 7, 2022

Volume XII, Number 341

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California Legislation Proposes Extending CCPA Exemptions for HR and B2B Data

On August 16, 2022, California Assembly Member Cooley introduced amendments to Assembly Bill 1102 that would extend the California Consumer Privacy Act’s (“CCPA’s”) temporary exemptions for HR and B2B data for an additional two years – until January 1, 2025. Under the CCPA, these exemptions are set to expire on January 1, 2023, when the amendments to the CCPA made by the California Privacy Rights Act (“CPRA”) become operative.

AB-1102 also would prohibit employers of more than 100 employees from:

  • monitoring employees’ activities when employees are off premises, off duty and not performing work related tasks, with certain exceptions (e.g., if an employee consents to such monitoring or if the employee’s personal information is reasonably related to the administration of wages or benefits);

  • collecting employees’ personal information for the sole purpose of identifying employees engaged in labor union organizing activities;

  • knowingly contracting with, or otherwise requesting, a vendor to engage in activities prohibited by the bill; or

  • discriminating against workers for exercising their right not to be subject to certain forms of monitoring, as specified in the bill.

These prohibitions would remain in effect until January 1, 2026. The amendments in AB-1102 are time-sensitive, as the California legislature adjourns its session on August 31, 2022.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XII, Number 242
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About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

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