The nation’s toughest privacy law takes effect in California on Jan. 1, offering residents the most comprehensive protection for their personal information.

The California Consumer Privacy Act of 2018 gives consumers the right to know what data a business is tracking, why, and how that data is used. It also requires businesses to comply with deletion requests and to treat the same as any other consumers those who opt out of having their information shared (i.e. no charging higher prices or offering a lesser product if you decline to share your info). 

But here’s the key detail for employees: The law never differentiates between residents’ roles as consumers and employees (many people, of course, are both). The law defines a consumer as a California resident, and it defines personal information as including “professional or employment-related information.”

The interpretation ultimately will be up to the courts — or to the state lawmakers seeking to amend the law to exclude employees and contractors, among other proposed changes — but on its face, workers have a strong footing for making privacy requests of their employers.

This is good news.

When we apply for jobs, we hand over mounds of personal information, blindly trusting that the company receiving our data will handle that information carefully and discreetly. We have a right to know where that information is going and how it’s being used. And if we leave a job, that question could be even more pressing.

We’re keeping watch, however — in addition to potential state amendments, federal privacy bills have been introduced that would offer flimsier protection but pre-empt state laws, essentially gutting the California law. 

As the effective date of this law nears, questions remain, but the outlook is promising for employees — and for their privacy. If you need help understanding your legal options and protections in this area, contact Keller Grover for a free consultation. In more than 25 years litigating fraud and employment cases, the lawyers at Keller Grover have recovered hundreds of millions for clients and class members. 

See more that we’ve written about California privacy laws.