Tag: California Privacy Rights Act

California Legislature Proposes Several New Privacy Bills The California legislature has introduced several privacy bills for the current legislative session. These privacy bills would preserve certain employee and business-to-business (B2B) data collection exemptions from expiration and add significant consumer privacy protections for children and in education. There are several bills, but they can be broken down into three categories, including certain extensions and revisions to the California Privacy Rights Act (CPRA) and California Consumer Privacy Act, privacy protections for education, and protections for children's privacy. Revisions To the CPRA And CCPA The largest impact of these bills would be two specific examples that would further extend the exemptions for employee and business data collection provided for in the CPRA and CCPA. These exemptions, which were included in the original CCPA, would have expired on January 1st, 2021, but at least in part due to the pandemic, these exemptions were extended for another year. This was extended once again to January 1st, 2023, when the CPRA was passed. Under AB 2871, these exemptions would be extended permanently; however, in contrast, AB 2891 would simply extend the exemptions until the start of 2026. Three other proposed bills, specifically SB 1454, SB 1388, and SB 1395, would make small changes to the CPRA, such as clarifying that the CCPA shall not comply with a business's obligation to comply with other federal, state, and local laws or to defend itself from legal claims. Privacy Protections for Education SB 1172 would make changes to the CPRA to add Section 1798.101. This new section would prohibit businesses that provide proctoring services from collecting, storing, using, or disclosing any personal information except as it is necessary to provide proctoring services. The bill would also provide consumers who are harmed in violation of this law the right to bring a civil action to recover the greater of $1,000 or actual damages, declaratory or injunctive relief, as well as reasonable attorney fees and costs, including fees for expert witnesses. Protections for Children's Privacy Two of the bills before California's legislature concern the privacy of children. AB 2486 would establish the Office for the Protection of Children Online. This office would ensure that digital media that is available for children is designed, provided, and is accessed in a way that ensures children's physical and mental well-being, privacy, and civil liberties as required. The bill would also appropriate funds. The California Age-Appropriate Design Code Act, AB 2273, if passed, would require businesses to keep in mind the best interest of any children that would be likely to access the product feature, service, or good, and to comply with any required standards when developing, designing, or providing the service, product feature, or good. The business must also provide terms of service, privacy information, community standards, and policies prominently, concisely, and in language that a child of the age that is likely to use the product feature, service, or good will be able to understand. This bill bans businesses that provide product features, services, or goods that will probably be used by children to collect or use data that it has collected from consumers if they are children. This bill would take effect on July 1, 2024. The bill would also mandate that a California Children's Data Protection Taskforce be formed to analyze the best practices for implementing these provisions as well as to give support to businesses as stipulated. It is hard to say if these bills will pass. The last day a bill can pass in the chamber where it was introduced is May 27, 2022. The last day for the final legislative passage of the bill in the session is August 31, 2022. This means that employers who will be the ones most affected by these bills do not have that long to wait and see. Protect the privacy of your communications with Pre-employ’s fair chance hiring resources. To learn more, download our free guide on 5 Tips To Avoid FCRA Non-Compliance. Source

Tag: California Privacy Rights Act

California Legislature Proposes Several New Privacy Bills

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