California Considers Workplace Technology Accountability Act
California has already proven to be a privacy trailblazer, with the California Consumer Privacy Act improving privacy outcomes for people in California. That legislation has arguably led to subsequent comprehensive data privacy laws in Virginia, Colorado, and Utah and increased the pressure on federal legislators to pass comprehensive federal privacy legislation. Now, California is looking to expand privacy protections in a different arena, the workplace.
Assembly Bill 1651 would introduce the Workplace Technology Accountability Act. Based on findings that worker data collection, electronic monitoring, and algorithmic management in the workplace can harm workers, the Workplace Technology Accountability Act is intended to rein in the excesses of those activities.
The Act would grant to employees the right to know what personal data about them is being collected, when they are being monitored, what algorithms are being used, and how the employer will use their data. The employees would also gain the right to access their data and correct it.
Employers or vendors working on behalf of employers, who process worker data would be required to provide the following information to the worker, upon request:
- The specific categories and specific pieces of worker data processed about the employee’s work.
- The sources from which the data is collected.
- The purposes for the processing of worker data.
- Whether and how the data is related to the worker’s job functions, including whether and how it is used in making employment-related decisions.
- Whether the data is input into an automated decision system, and if so, what automated decision system output is generated based on the data.
- Whether the data was generated from an automated decision system.
- The names of any vendors or third parties that either provided or received worker data, as well as the categories of data that were provided or received.
Additionally, employers or their agents would be prohibited from processing data unless the data were strictly necessary to accomplish any of the following purposes:
- Allowing a worker to accomplish an essential job function.
- Monitoring production processes or quality.
- Assessment of worker performance.
- Ensuring compliance with employment, labor, or other relevant laws.
- Protecting the health, safety, or security of workers.
- Administering wages and benefits.
- Additional purposes to enable business operations as determined by the labor agency.
Employers that processed worker data would also be obligated to maintain appropriate security protections. In the case of a breach, the employer would be obligated to notify each affected worker.
Looking at the requirements this bill would impose, there are certainly some overlaps with existing data privacy laws, but there are new features as well. As the data privacy landscape becomes more and more detailed, it is becoming more and more important to be proactive and take control of your data. Clarip can help. We provide automated data subject request fulfillment, data mapping, website scanning, vendor management, consent management, and much, much more. Visit us at www.clarip.com or call us at 1-888-252-5653 to learn more.
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