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Temperature Checks and Data Privacy Under the CCPA

  • November 09, 2020
  • Blog
Potente, Business Lawyer and Company Formation

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 11, 2021
  • Blog

Consumer Trends: Does Shopping Feel More Like a Sport Now?

Trying to follow consumer trends feels a lot like riding a rollercoaster, especially considering the impact of the COVID-19 pandemic on consumerism. The pandemic forced some consumers to retire their hefty spending accounts or entertainment budgets. Instead, these consumers began focusing on the essentials, like toilet paper and bottled water....

  • September 21, 2021
  • Blog

Vaccine Mandates and Vaccine-or-Test Programs – Employer Considerations

As COVID-19 rules and regulations continue to change, employers should be reminded of two important aspects of some of the new vaccine mandates and periodic testing requirements. Employers in many states are permitted to implement vaccine-or-test programs or vaccine mandates for all employees. However, with each of these options for...