A number of bills to amend the California Consumer Privacy Act of 2018 are still pending before the California legislature. Of particular interest to many businesses is AB 25, which could narrow applicability of the CCPA by removing employees from its scope.
Continue Reading
Workplace Privacy
Illinois Seeks to Impose Restrictions on the Use of Artificial Intelligence in Job Interviews
Posted on
Posted in U.S. State Law, Workplace Privacy
The Illinois legislature recently passed the Artificial Intelligence Video Interview Act, which prohibits an Illinois employer from using artificial intelligence to evaluate job interview videos unless the employer complies with certain requirements. …
Continue Reading
CNIL Publishes Binding Rules on Processing Biometric Data as Workplace Access Control
Posted on
On March 28, 2019, the French data protection authority published a “Model Regulation” addressing the use of biometric systems to control access to premises, devices and apps at work.…
Continue Reading
CCPA: Employers Should Consider Implications for Employee Benefit Plans
Posted on
Posted in Health Privacy, Workplace Privacy
As we move closer to implementation of the California Consumer Privacy Act of 2018, companies should consider how the new law could affect their operations in multiple ways – including, for example, data collected through their employee benefit plans.…
Continue Reading
Article 29 Working Party Releases Opinion on Data Processing at Work
Posted on
The Article 29 Working Party issued an Opinion on data processing at work, which complements the Working Party’s previous guidance on the processing of personal data in the employment context and on the surveillance of electronic communications in the workplace. This blog entry provides highlights on the Opinion.…
Continue Reading
CNIL Publishes New Rules on Biometric Access Control in the Workplace
Posted on
On September 27, 2016, the French Data Protection Authority announced the adoption of two new decisions that will now cover all biometric access control systems in the workplace. These two new decisions repeal and replace the previous biometric decisions adopted by the CNIL.…
Continue Reading
Belgian Privacy Commission Releases 2015 Annual Activity Report
Posted on
On June 9, 2016, the Belgian Privacy Commission published its Annual Activity Report for 2015 highlighting its main accomplishments.…
Continue Reading
European Court of Human Rights Issues Decision on Monitoring Employee Use of the Internet
Posted on
On January 12, 2016, the European Court of Human Rights ruled in Bărbulescu v. Romania that companies can monitor their employees’ online communications in certain circumstances. …
Continue Reading
Retailer Sued over Allegations that Background Check Consent Form Includes Extraneous Information
Posted on
Posted in FCRA, Workplace Privacy
As reported in the Hunton Employment & Labor Perspectives Blog:
On November 2, 2015, a putative class action was filed against retailer Big Lots Stores, Inc. in Philadelphia, stemming from allegations that the company “systematically” violated the Fair Credit Reporting Act’s (“FCRA’s”) “standalone disclosure requirement” by making prospective employees sign a document used as a background check consent form that contained extraneous information. Among other things, the plaintiff alleges that Big Lots’ form violates the FCRA because it includes the following three categories of extraneous information: (1) an “implied liability waiver” (specifically, a statement that the applicant “fully understand[s] that all employment decisions are based on legitimate nondiscriminatory reasons”); (2) state-specific notices; and (3) information on how background information will be gathered and from which sources, statements pertaining to disputing any information, and the name and contact information of the consumer reporting agency.
Ninth Circuit Holds that the EEOC Has Broad Access to Personal Information, Including Social Security Numbers
Posted on
On October 27, 2015, the Ninth Circuit held in EEOC v. McLane Co., Inc. that the EEOC has broad subpoena powers to obtain nationwide private personnel information, including Social Security numbers. …
Continue Reading