In less than two months, on January 1, 2023, the California Consumer Privacy Act (CCPA) as revised by the California Privacy Rights Act (CPRA) will take effect fully in the job applicant and employment context. And with respect to job applicants and personnel, businesses subject to the CCPA will be required to (i) issue further revised privacy notices, (ii) be ready to respond to data subject requests, (iii) have determined if they sell or share…
Since October 11, 2022, employers who electronically monitor their employees with more than 25 employees in Ontario have been required to have a written electronic monitoring policy in place pursuant to Ontario’s Employment Standards act, 2000 (“ESA”), as amended by Ontario’s Bill 88, Working for Workers Act, 2022 (“Bill 88”). However, employers have largely been left to decide how best to introduce and structure these policies given the recency of the law. Some common questions…
Brian Hengesbaugh and Julia Wilson, a leading employment and privacy partner in our London office, join for this episode of Connect on Tech to discuss privacy in the work place and key issues employers are facing. In this podcast, Brian and Julia take a deep dive into four key areas employers must carefully navigate in the data and privacy realm – i) the processing of testing and vaccination data, ii) employee monitoring in various guises from clever…
The UK Supreme Court has today allowed two appeals which provide some welcome relief for UK employers in relation to the treatment of vicarious (secondary) liability under English law generally, but leave a sting in the tail when considering data breaches committed by employees: Morrisons v Various Claimants – a significant and long running employment and data protection case in which the lower courts had found Morrisons to be vicariously liable for a data breach…
Many employers in the US are grappling with appropriate efforts to contain and protect the workforce against COVID-19. Those efforts include employee and visitor screening activities that range from requiring all personnel to provide an affirmation upon admission to a worksite to taking vital signs or other hands-on screenings. But are those screening activities lawful under applicable privacy and confidentiality laws in the US? And what should employers do when they have reason to suspect…