California Assembly Passes Bill to Exclude HR Data from New Privacy Law

June 07, 2019

A bill that would exclude employee, contractor, and applicant data from California’s consumer data privacy law and which may provide a benchmark for other state and federal consumer data privacy efforts is moving to the State Senate after passing unanimously out of the California Assembly.

Of the 14 CCPA-like bills introduced this year in other states, only New York's bill specifically excludes employee, contractor, or applicant data from its provisions.  Given that California’s law is being held up as a starting point for a federal bill, AB 25 could provide a notable precedent.

Why it matters:  As written, the CCPA would subject HR data to requests for deletion, disclosure, and prohibition by individuals of processing such data.  This creates certain obvious workability issues for employer efforts to hire, pay, provide benefits to, and create safe workplaces for workers.  AB 25, an attempt by the sponsors of the CCPA to fix these issues, would constitute a major reference point for further consumer data privacy efforts—including at the federal level—if passed.