On October 3, 2023, the UK Information Commissioner’s Office published new Guidance on lawful monitoring in the workplace, designed to help employers comply with their obligations under the UK General Data Protection Regulation and the Data Protection Act 2018.
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Employee Monitoring
UK ICO Publishes Draft Employee Monitoring Guidance for Consultation
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On October 12, 2022, the UK Information Commissioner’s Office launched a public consultation on its draft guidance on employers’ obligations when monitoring at work. …
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Update: California Legislation Proposes Extending CCPA Exemptions for HR and B2B Data
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Posted in U.S. State Law, Workplace Privacy
On August 16, 2022, California Assembly Member Cooley introduced amendments to Assembly Bill 1102 that would extend the California Consumer Privacy Act’s temporary exemptions for HR and B2B data for an additional two years – until January 1, 2025. …
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California Assembly Proposes Data Privacy Law for Workers
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Assembly Bill 1651, or the Workplace Technology Accountability Act, a new bill proposed by California Assembly Member Ash Kalra, would regulate employers and their vendors regarding the use of employee data.
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New Jersey Requires Employers to Notify Employees of the Use of Tracking Devices
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On January 18, 2022, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950, requiring employers to provide written notice to employees prior to the use of tracking devices in vehicles used by employees. The Act will go into effect on April 18, 2022.
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New York State Requires Private Employers to Notify Employees of Electronic Monitoring
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On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628, which requires private employers with a place of business in New York State to provide their employees prior written notice, upon hiring, of any electronic monitoring, as defined in the Act, to which the employees will be subjected by the employer.
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Article 29 Working Party Releases Opinion on Data Processing at Work
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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.
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European Court of Human Rights Issues Decision on Monitoring Employee Use of the Internet
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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. …
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Ninth Circuit Holds that the EEOC Has Broad Access to Personal Information, Including Social Security Numbers
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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. …
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California Attorney General’s Settlement with Houzz Inc. Requires Company to Hire CPO
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On October 2, 2015, California Attorney General Kamala D. Harris announced that her office settled a lawsuit against an online home design company, Houzz Inc., stemming from allegations that the company impermissibly recorded phone calls without appropriately notifying the parties to the calls.
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