California: Processing employees' DARs under the CCPA

January 23, 2023Article
OneTrust - Data Guidance

Cybersecurity & Privacy Partner Tim Toohey published "California: Processing employees' DARs under the CCPA" to OneTrust's DataGuidance™ platform. The article discusses the new rights extended to Employee Personal Information under the CCPA and what businesses can do in order to comply.


California is the first state to extend privacy protections to Employee Personal Information. Employers are thus likely to confront numerous challenges in applying the provisions of the CCPA (which is not specifically framed in terms of such information), particularly in California, which not only already has complicated workplace laws but also a notoriously litigious plaintiff's employment bar. One of the challenges facing employers is responding to requests from employees under the various rights afforded to them under the CCPA. Data Access Requests ('DARs') by employees implicating Employee Personal Information1, which are similar to what are commonly referred to as Data Subject Access Requests ('DSARs') under the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), create novel challenges and may require numerous judgment calls for employers.