As California reopens from the COVID-19 pandemic and workers begin returning to work in-person, many employers have begun requesting their employees provide, sometimes on an ongoing basis, certain health information before returning to the workplace. This includes information such as temperature checks, health surveys, COVID-19 test results, or proof of vaccination status. Given the likelihood that collecting this information will trigger certain requirements under the California Consumer Privacy Act (CCPA), employers should take certain measures to ensure they remain in compliance with the CCPA as their workplaces reopen.
On March 15, amendments to the California Consumer Privacy Act (CCPA) banned companies from using “dark patterns” that confuse or delay consumers trying to opt out of the sale of their personal information.
With the shelter-in-place orders imposed by the local and state governments, businesses are scrambling to transition to a virtual workforce and facilitating employees to work remotely from home. Educational institutions are no exception. School administrators and teachers have been working hard to create and implement plans to educate students at home, including maintaining a classroom curriculum through online platforms and incorporating daily or weekly interactions with the teacher and classmates through video chat or remote conferencing services.
Efforts to regulate cross-device tracking have increased since we last addressed the topic in 2017, following the release of the FTC’s Staff Report. Significant developments include the implementation and enforcement of the EU’s General Data Protection Regulations (GDPR), and the fast-approaching implementation deadline for the California Consumer Privacy Act (CCPA). These regulations, while not targeting cross-device tracking specifically, seek to limit the way in which consumer data is tracked and sold.
For any company that has tackled GDPR compliance, the new privacy rights introduced by the California Consumer Privacy Act of 2018 (CCPA) will seem pretty familiar. It might even be tempting to assume that by being GDPR compliant, one is already most of the way there in terms of preparing for the CCPA. In “Countdown to CCPA #2: GDPR Compliance Does Not Equal CCPA Compliance,” colleagues Catherine D. Meyer, Steven Farmer, Fusae Nara and Rafi Azim-Khan explain how, similarities aside, there are significant differences between the two privacy laws.
Protecting consumer data privacy in the age of artificial intelligence and increased digital commerce is a growing concern. In June 2018, the California Consumer Privacy Act (CCPA) introduced provisions to protect consumers and became the first U.S. law that can be viewed as a response to GDPR. Going into effect on January 1, 2020, legislation of this scope has far-reaching tendrils that may breed unintentional consequences.