Myriah V. Jaworski, Esq., was recently interviewed by Law.com regarding the California Privacy Rights Act (CPRA), expected to go into effect on January 1, 2023, and a potentially complicated interplay between employment rights and data privacy law in an article entitled, 'Increased DSARs? More Discoverable Evidence? Risks Abound When CPRA HR Exemption Expires.'
“For the time being, most businesses are taking a wait-and-see approach to the human-resources extension, at least for another few months,” Jaworski said. “That said, yes, if the human resources exemption is not extended and is allowed to expire, we’d expect an increase in employee-driven DSARs to employer-businesses, which will pose operational challenges to businesses, especially where there is legal uncertainty about the scope of the CPRA as it pertains to employee data.”
“For now, the majority of legal departments and employers are focused on updating employee privacy policies and HR manuals to fully disclose to employees the categories of information collected from them,” she said.