San Diego Attorney Explains Changes to California’s Landmark Privacy Law

In an interview with Legal Dive, Darcey Groden shares her insights on employee-related data protections in California’s landmark privacy law that will take effect in 2023. This will require employers to write a retention policy if they don’t already have one in place.

Darcy notes that most of the focus on the California Consumer Privacy Act (CCPA), has been on the consumer side but in January the same requirements will apply to employees.  Starting in January current or former employees can request to know what personal information you have on them and can ask you to delete it. If an employer is holding personal data to meet requirements for tax or other regulatory purposes, then you can’t get rid of the data. “An employee can’t use CCPA to force you to break that law,” said Darcey. “It doesn’t trump other laws.”

Darcey believes other states will implement similar legislation, “California became the first, but it won’t be the last” to have this kind of law in place, she added.

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