Cyber Security and Data Privacy--How Do Employers Deal With It, What Liability Arises?
Speaker
Stephanie P. Skaff
| Partner, Farella Braun + Martel, LLP
Stephanie Skaff (Section Meeting Speaker) will be discussing the California Consumer Privacy Act that will go into effect on January 1, 2020. By then we will know what happened with AB 25 (see notice below). This is a hot button issue. Be sure to sign up for this Event - it should be a sell-out.
AB 25--
Assembly Bill 25 (Chau)—California Consumer Privacy Act and Employers
Enacted in 2018, the California Consumer Privacy Act (CCPA) will provide sweeping privacy protections for California residents when it goes into effect on January 1, 2020. Troubling for California employers, the CCPA makes no distinction between employees and consumers, potentially covering information that employers collect, maintain, or share about employees or applicant.
AB 25 was introduced by the same legislator who authored the CCPA and sought to clarify the scope of the CCPA and exempt most employment data. However, relatively late in the process, organized labor and their supporters opposed the bill and stated that they were very concerned about “workplace privacy.” This opposition threatened to derail AB 25, which would have been a terrible outcome for all California employers.
Fortunately, a compromise deal was reached to allow labor to remove their opposition to AB 25. This deal exempts employment information from the CCPA, but only for one year, unless extended. This reflects a commitment by the business community to work with organized labor on legislation related to labor’s concerns regarding workplace privacy over the next year, in exchange for extending or eliminating the sunset date on the employment data exemption to the CCPA.
However, this compromise will still require employers covered under the CCPA to disclose to employees and job applicants the categories of personal information collected and the purposes for which the information will be used. Covered employers must comply with this disclosure requirement no later than Jan. 1, 2020.
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Stephanie Skaff has been named among The Recorder’s 2017 Women Leaders in Tech Law. Ms. Skaff is Chair of Farella Braun+ Martel’s Intellectual Property Litigation Department. She represents companies in complex litigation involving intellectual property, technology, privacy and licensing issues. These issues are presented in the employment context as well as general liability matters, including in the context of whistleblower cases and employee rights regarding data privacy, among other considerations. This is an area of law we all need to know more about as the rules are changing constantly with every technological advance.
Check-in begins at 11:45 AM; the Speaker(s) begin at 12:00 PM.
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MCBA IS AN APPROVED PROVIDER AND CERTIFIES THAT THIS ACTIVITY HAS BEEN APPROVED FOR MINIMUM CONTINUING EDUCATION CREDIT BY THE STATE BAR OF CALIFORNIA IN THE AMOUNT OF 1 HOUR TOWARDS GENERAL CLE.
1.0 CLE | General
Brown Bag Lunch
Contact
Denise Belli | Email
Mee Mee Wong | Email
11/12/2019 12:00 PM
11/12/2019 1:00 PM
America/Los_Angeles
Section Meeting
Cyber Security and Data Privacy--How Do Employers Deal With It, What Liability Arises?
Ragghianti Freitas LLP, 1101 Fifth Avenue, San Rafael, CA, 94901
Marin County Bar Association
info@marinbar.org
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