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Meet the CCPA! Employers’ Most Frequently Asked Questions About the California Consumer Privacy Act (“CCPA”) — Series 1, Question 3

 

Question: Do the terms “personal data” and “personal information” mean the same thing?

Not necessarily.

HR professionals who are responsible for bringing the employer into compliance with the CCPA need to know that there is no one definition of “personal information” or “personal data” and the meaning of those terms differs depending upon the context and the type of law at issue.

Only the term “personal information” is defined within the CCPA.  As is discussed in Q-2 that term refers to any information that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”[1]  That said, the term “personal data” is used instead of the term “personal information” within the CCPA’s definition of “processing” which is defined as “any operation or set of operations that are performed on personal data . . .

Meet the CCPA! Employers’ Most Frequently Asked Questions About the California Consumer Privacy Act (“CCPA”) — Series 1, Question 2

 

Question 2: What is “personal information?”

The CCPA defines the phrase “personal information” to refer to any information that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”[1]  While at first blush the phrase “consumer” suggests that the CCPA does not apply to employees, the CCPA defines the term as including any California resident about whom a company collects information.  As a result, as the CCPA is currently written, it applies only to the information collected about California-based employees.

The CCPA provides an extensive, and yet non-exhaustive, list of information that may fall under the broad definition of “personal information.  The following are examples of information governed by the CCPA that employers are most likely to collect about their employees:

  • Real name[2]
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  • Meet the CCPA! Employers’ Most Frequently Asked Questions About the California Consumer Privacy Act (“CCPA”) — Series 1, Question 1

    In the coming weeks we will be releasing a series of FAQs examining the California Consumer Privacy Act (“CCPA”)  of particular importance to employers.  These FAQs should help employers determine if they are required to comply with the CCPA and if so, what steps their HR professionals and IT departments should take to be in compliance. By way of background, employers with operations in California should be aware of the California Consumer Privacy Act (“CCPA”), a new privacy law that applies to data collected about California-based employees.   Because the CCPA refers to “consumers” many HR professionals don’t realize that the Act, as currently drafted, applies to data collected about California-based employees.  See our recent blog summarizing the CCPA for employers: [https://bclpatwork.com/meet-the-ccpa-new-privacy-rules-for-california-employees/] The CCPA will go into effect in early 2020, and employers who must comply should be addressing compliance obligations now.  For US employers who have not had

    Meet the CCPA: New Privacy Rules for California Employees

    Employers with operations in California should be aware of the California Consumer Privacy Act (“CCPA”), a new privacy law that applies to data collected about California-based employees.   HR professionals should be aware that, although the CCPA refers to “consumers,” as currently drafted the CCPA’s definition of a “consumer” will apply to California-based employees.

    Which employers will have to comply with the CCPA?

    Employers with employees in California will need to comply with the CCPA if their business falls into one of the following three categories:

  • Their business buys, sells, or shares the “personal information” of 50,000 “consumers” or “devices”;
  • Their business has gross revenue greater than $25 million; or
  • Their business derives 50% or more of its annual revenue from sharing personal information.
  • What are the key implications of having to comply with the CCPA?

    The Employers who have to comply with the CCPA will be subject to the

    GDPR HR series: Data breaches – what you need to do when you discover a data breach

    Welcome to the third post in our ‘GDPR HR Issues’ blog series. Drawing on key insights from across Bryan Cave Leighton Paisner’s global Employment & Labor team, the series highlights key GDPR issues affecting employers.

    This blog focuses on new obligations imposed by the GDPR to notify the relevant supervisory data protection authority (“DPA”) and those individuals whose data have been violated, when an employer becomes aware of a violation affecting personal data that it processes (a “data breach”).

    If an employer discovers that the personal data it holds concerning its employees is, for example, accidentally accessed by a third party without authorization, what practical steps should it take to manage such a breach?

  • What is a “data breach”?
  • A personal data breach occurs when a breach of security affects the personal data’s confidentiality (unauthorized disclosure or access to the data), integrity (data is involuntarily or unlawfully modified

    GDPR HR Series: Subject Access Requests Under the New Regime – What You Need to Know

    Welcome to the 2nd post in our ‘GDPR HR Issues’ blog series. Drawing on key insights from across Bryan Cave Leighton Paisner’s global Employment & Labor team, the series highlights key GDPR issues affecting employers.

    With the General Data Protection Regulation (‘GDPR’) coming into effect today, employers with EU-based staff need to ensure that they properly comply with the new regime. Failure to do so can result in significant fines and disruption to your business.

    This blog focuses on the changes made by GDPR to a fundamental data protection right – an employee’s right to find out what information their employer holds on them by making a data subject access request (‘DSAR’).

  • Complying with a DSAR can involve a lot of work and significant cost, not least because the request may require the employer to search in many different places for the employee information, which by its nature may not
  • GDPR HR Series: Employee Information Notices About Personal Data – Your Key Questions Answered

    Following the combination of the Labor & Employment practices at Bryan Cave and BLP, Bryan Cave Leighton Paisner’s combined team now includes over 120 employment lawyers in offices across the US, UK, France, Germany and Russia, with excellent capabilities and a strong network in Asia. Committed to collaboration, and with our strengthened offering, experience and substantive knowledge advising clients on GDPR, we bring you our new ‘GDPR HR Issues’  blog series. Drawing on key insights from across our team, the series highlights the key GDPR issues affecting employers.

    The General Data Protection Regulation (‘GDPR’) comes into force in less than two months. From an HR perspective it imposes data obligations on any US, European or other employer with EU-based staff. Failure to comply with the GDPR regime can result in significant fines and disruption to your business. Are you ready?

    Our first blog deals with ‘privacy notices’ aimed at staff.

    Less than 90 days to go – are you GDPR compliant?

    “GDPR – please not again …” In recent times there is hardly any other legal topic more often written and talked about than the new EU General Data Protection Regulation (“GDPR”).

    In light of the severe penalties and with less than 100 days until the GDPR goes into full effect (on May 25th, 2018), it is time for U.S. companies to take steps to prepare. Below are some key points to consider and pragmatic to-dos to assist in assessing whether your organization is ready for GDPR compliance.

    • GDPR may apply to U.S.-based companies with zero employees and no offices within the boundaries of the EU territory

    While the EU Data Protection Directive of 1995 did not apply to businesses outside the EU territory, this is no longer the case under GDPR.

    Now any business may be subject to the new law if it processes personal data of an

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