AB 2568

Bill Subjects

Employee Personal Information Electronic Monitoring

Abstract

Existing law, the California Privacy Rights Act of 2020 (CPRA) , approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to require the business to delete personal information about the consumer, as specified. The CPRA permits its provisions to be approved by a statute passed by a majority of each house of the Legislature and signed by the Governor, if those amendments are consistent with and further the purpose and intent of the act. Existing law authorizes the Division of Labor Standards Enforcement, the head of which is the Labor Commissioner, to enforce the Labor Code and all labor laws of the state, the enforcement of which is not specifically vested in any other officer, board, or commission. This bill would require an employer with 250 or more employees in California that controls the collection of employee personal information to notify an employee if employee personal information will be collected through electronic monitoring, as defined. The bill would require the notice to include, among other information, a description of the types of activities, locations, communications, and job roles that will be electronically monitored. The bill would require an employer to provide required notifications pursuant to these provisions to new employees and existing employees within specific timeframes and to provide updated notice if there is a material change in the employer's practice that would render the prior notice inaccurate or incomplete. The bill would specify that an employer does not need to provide notice if certain conditions are met, including if the employer reasonably believes that notice would compromise the integrity of an investigation. The bill would authorize the division to enforce these provisions. This bill would state that its provisions are consistent with, and further the purpose and intent of, the CPRA.