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Temperature Checks and Data Privacy Under the CCPA

  • November 09, 2020
  • Blog

Businesses across California are checking their customers’ temperatures to combat the spread of COVID-19. While checking temperature can be a great tool to slow the spread of COVID-19, does it also present a data privacy issue? The California Consumer Protection Act (“CCPA”) protects a wide range of consumer information from being stored without consent and imposes hefty civil penalties on offenders. The CCPA defines “Biometric Information” as an individual’s biological data “that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes…health, or exercise data that contain identifying information.” While it is unclear whether someone’s body temperature constitutes “Biometric Information” under the CCPA, there is a strong possibility California courts will take this position. Therefore, companies that store customer temperature information may be subject to the CCPA. Accordingly, companies must comply with CCPA disclosure requirements every time they record and store customers’ temperatures. Check out this article by Mintz Levin to learn more about recording customer temperature data in California.

  • October 06, 2020
  • Blog

CALIFORNIA EXPANDS FAMILY AND MEDICAL LEAVE

Beginning January 1, 2021, California employers with five employees or more must provide up to 12 weeks of unpaid, job-protected family and medical leave to eligible California employees during each 12-month period. Senate Bill 1383, recently signed into law by Governor Newsom, significantly expands the California Family Rights Act. Under...

  • September 16, 2020
  • Blog

AB-2257 Exempts More Occupations from California’s Strict Independent Contractor Law

On September 4, 2020, Governor Gavin Newsom approved AB-2257, which expands the occupations and business relationships that are exempt from the “ABC test,” which was established by AB-5. In 2019, the California State Assembly passed AB-5, enacting stricter laws to avoid the misclassification of workers as independent contractors, which effectively...