Key HR Data Rights and Restrictions Under the CPRA

Kristen Mathews and Suhna Pierce were featured in the Anti-Corruption Report, covering their presentation on the California Privacy Rights and Enforcement Act of 2020 (CPRA), which will eliminate the exceptions for employee personal information originally included in the Consumer Privacy Act of 2018.

The CPRA will apply to the personal information of “employees, job applicants, independent contractors, owners, directors, officers, emergency contacts of any of these people, and the beneficiaries of employment benefits of any of these people,” Kristen explained, but added that the CPRA does not apply to certain types of data, including publicly available information, including “personal information about the employee that is published on a broadly disseminated media by volition of the employee, or in a context where the employee didn’t take steps to prevent it from becoming public.”

Suhna noted that the CPRA affords employees six key rights, including the right to correct their data. According to Suhna, this new right enables an employee to correct inaccurate personal information, “taking into account the nature of the personal information and the purposes for processing it.” She noted, however, that this does not necessarily mean an employee would have the right to correct a performance review, “because the nature of the information is subjective and the purpose of the processing is to incorporate input from colleagues into the review process.”

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