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The End of the HR Data Exemption under California law?

Unless the California legislature acts soon, the scope of information subject to the California Privacy Rights Act (“CPRA”) will include all employee or human resource-related personal information on January 1, 2023. To date, California employers have been obligated to only provide a short form privacy notice to employees, contractors and applicants.[1] California employers are not required to fully comply with the California Consumer Privacy Act (“CCPA”) for all personal information concerning their employees, contractors, job applicants, and other similar types of personnel (collectively, “HR Data”). But unless the California legislature amends the CPRA, the exemption for HR Data will expire on January 1, 2023,[2] and California employees, contractors and applicants will have the full panoply of rights available under the CPRA.

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