Employee Data and Privacy Laws – New Laws, Common Employer Pitfalls, and How to Protect Your Business
There are privacy laws in California that have historically just dealt with consumer data and California has amended at least one of these that now makes as of January 1 employee data protected by the same privacy Requirements. What this means is that California employers are going to have to make sure they know where their employee data is stored who has access to it and what it’s getting used for. They will also have to have opt out forms and notification forms. A couple of other states have also passed new privacy laws, they aren’t as directed at employees as California’s laws are but I think this is the way of the future and the California laws apply to any employee working in California so even if it’s a remote employee.
In addition there has been an uptick in privacy class actions that have been filed against companies not just for data breaches but for not having the correct privacy compliance software and policies in place. Companies also tend to get sued if they don’t notify the attorneys general in their respective states so there’s just a litany of new privacy laws that are going to be impacting anyone who have customers and at least in California anyone who’s got employees there.