Bill in U.K. Parliament Would Facilitate Certain Types of Data Processing by Redefining ‘Personal Data’ Parameters

On March 8, 2023, the Data Protection and Digital Information (No. 2) Bill was introduced to the UK Parliament by the Department for Science, Innovation and Technology. If enacted, the Bill will make changes to the UK General Data Protection Regulation, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations. The Bill would facilitate certain types of data processing by redefining the parameters of what constitutes “personal data,” removing certain requirements and prohibitions, applying exemptions, and creating greater legal certainty regarding the permissibility of certain forms of personal data processing.

Illinois Supreme Court Rules Privacy Act Claims Accrue With Each Biometric Scan

On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan damages. The ruling could open employers up to colossal and potentially devastating damages if the legislature does not amend the Privacy Act.

Minnesota Legislature Takes Up Noncompetition, Paid Family Leave, Cannabis Legalization, and Privacy Bills in 2023 Session

Minnesota’s 2023 legislative session is off to a hot start and turning out to be an important one for Minnesota employers and companies doing business in Minnesota. Currently, there are four noteworthy bills that employers should keep an eye on as they progress through the Minnesota Legislature.

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The decision partially overturns an appellate court ruling that had found claims under subsections 15(c) and 15(d) of the Privacy Act were governed by a one-year limitations period under Illinois law for defamation and privacy claims.

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist testimony concerning the use of automated systems, including artificial intelligence, by employers in employment decisions.

New York City Updates Proposed Rules for Automated Employment Decision Tools: What’s New and What’s Next

On December 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law 144). The law conditions the use of automated employment decision tools to screen candidates for employment or employees for promotion within the city on compliance with certain requirements, including the performance of a bias audit, and the furnishing of notifications to candidates and employees.

New York City Postpones Enforcement of Automated Employment Decision Tools Law, Will Hold Second Public Hearing

With the January 1, 2023, effective date of New York City’s automated employment decision tools law looming, the city’s Department of Consumer and Worker Protection announced on December 12, 2022, that it intended to convene a second public hearing and postpone enforcement of the law until April 15, 2023.

DashCam Developer Insulated From BIPA Liability

On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for trucking companies such as Samsara’s customer and co-defendant, Beelman Truck Co. The DashCam device points an internet-connected dashboard camera at the driver to detect risky driving behaviors.

First Jury Verdict Issued in Illinois Biometric Privacy Act Class Action

On October 12, 2022, a federal jury in the U.S. District Court for the Northern District of Illinois concluded that a company violated the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) 45,600 times over six years by collecting truck drivers’ fingerprints to verify identities without the informed, written consent the Privacy Act requires.

New York City’s Automated Employment Decision Tools Law: Proposed Rules Are Finally Here

On September 23, 2022, the New York City Department of Consumer and Worker Protection published proposed rules to implement the city’s automated employment decision tools (AEDT) law. The law, which will take effect on January 1, 2023, conditions the use of automated employment decision tools by employers and employment agencies on their compliance with certain requirements, including the performance of bias audits and the furnishing of notifications to candidates and employees. The proposed rules define several key terms, identify the requirements for a bias audit, address obligations for publishing the results of a bias audit, and specify the notices to be furnished to employees and candidates for employment.

New York City to Convene Hearing on Proposed Rules for Automated Decision Tools Legislation

As we previously reported, restrictions concerning the use of automated tools to screen candidates for employment or employees for promotion within New York City are scheduled to take effect on January 1, 2023. The New York City Department of Consumer and Worker Protection will hold a public hearing concerning proposed rules to implement the closely watched law on Monday, October 24, 2022.

Key Considerations for California Employers When Drafting a Remote Work Agreement

More than two years have passed since the start of the pandemic, and many workers continue to work from home in some capacity. In fact, companies are offering remote positions as a hiring incentive to increase their job candidate pools. Before agreeing to remote work arrangements with new hires or current employees, especially those who are hourly and nonexempt, companies may want to consider certain factors to ensure that the arrangements will be feasible.

Canada’s Federal Government Proposes Changes to Privacy Act

On June 16, 2022, the government of Canada tabled a bill that would make significant changes to privacy laws impacting employers in the federal jurisdiction. The new legislation, the Digital Charter Implementation Act (Bill C-27) would replace Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) and would create three pieces of legislation in its place, the Consumer Privacy Protection Act (CPPA), the Personal Information and Data Protection Tribunal Act (PIDPTA), and the Artificial Intelligence and Data Act (AIDA).

California’s Draft Regulations Spotlight Artificial Intelligence Tools’ Potential to Lead to Discrimination Claims

California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first state to adopt substantive restrictions specifically addressing this emerging, and often misunderstood, technology.

When Retirement Plan Service Providers Use Plan Participant Data for Purposes Unrelated to a Plan: What Employers Need to Know

There is a growing trend of using participant data to cross-sell financial products unrelated to plan recordkeeping by large recordkeepers and asset custodians of employer-sponsored retirement plans. In light of the fact that plan fiduciaries are ultimately legally responsible for the management and mismanagement of a retirement plan, this trend to use participant data may raise issues for employers in their role as plan sponsors and fiduciaries.

The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck down in its July 2020 Schrems II decision. Since the Schrems II decision, U.S. and EU negotiators have been hammering out a workable data transfer mechanism to permit the transfer of EU data to the United States.

Ontario’s Bill 88 Would Establish Electronic Monitoring Policies, Create Rights for Workers on Digital Platforms, and Require Naloxone Kits

On February 28, 2022, the Government of Ontario introduced Bill 88, the Working for Workers Act, 2022. Bill 88 would enact the Digital Platform Workers’ Rights Act, 2022, which would establish rights for workers who offer services through digital platforms. In addition, Bill 88 would amend a number of statutes including the Employment Standards Act, 2000.

The California Privacy Rights Act: Employers’ Compliance Obligations and More

Beginning January 1, 2020, certain California employers were required to comply with portions of the California Consumer Privacy Act of 2018 (CCPA) regarding the collection of consumers’ personal information. On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act of 2020 (CPRA), which dramatically strengthened and expanded the CCPA. Employers subject to the CPRA must be in compliance by January 1, 2023. The urgency for employers to start those efforts now to meet this compliance deadline is caused by, among other things, the fact that employees have disclosure rights under the CPRA.