California’s Consumer Privacy Act

The California Consumer Privacy Act went into effect on January 1, 2020 and grants consumers broad data privacy rights over what information businesses are allowed to collect. The CCPA also includes provisions for employees that clarify what data employers can collect through the employment process. As an employee and consumer in California, the state’s Consumer Privacy Act ensures that your personal information is protected from unscrupulous or negligent employers and businesses. If you would like to learn more about your legal protections under the California Consumer Privacy Act, call or contact an experienced employment law attorney in your area today.

Who Does the CCPA Affect?

The California Consumer Privacy Act applies to all businesses that serve state residents and make at least $25 million in annual revenue. The CCPA also applies to any company that has personal information on at least 50,000 people or that makes at least half of its annual revenue by selling personal data, regardless of size or amount of annual revenue. Furthermore, a company does not need to have a physical presence in California or even be based in the United States in order for this new law to apply.

Protections for California Employees

The new law has made it clear that anyone considered a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of any business that falls under the CCPA has rights to their personal information held by that company. The new law expands on workers’ rights in three ways. First, it requires that employers provide privacy notices and disclosures about the data they collect as well as the purposes for that collection. The law identifies eleven categories of data that it applies to, including professional or employment-related information, biometric information, internet activity, and geolocation data.

Second, it provides remedies under statutory law if sensitive information of their employees, applicants, or other type of worker is breached. This includes damages to each consumer or worker affected in addition to other penalties enforced by state agencies. Third, the CCPA expands the rights of workers to request access and delete personal information held by their employer. This includes the right to know what information has been sold to whom, the right to be forgotten by deleting information, the right to opt out of the sale of their information, and the right to be free from retaliation for exercising these rights.

Penalties for CCPA Violations

The state is enforcing strict penalties for any business found violating the new CCPA. If a company does not remedy a violation within 30 days of notification they will be fined $7,500 for each record not held in compliance with the law. For businesses that keep tens of thousands of personal records, or more, this could lead to fines in the millions of dollars.

Talk to an Employment Law Attorney

If you believe that a business has violated your rights under the California Consumer Privacy Act, call or contact an employment law attorney in your area today to learn more about your legal options.