California residents will soon see a significant expansion to their privacy protections. Though California already has the California Consumer Privacy Act (CCPA) listing various resident protections, lawmakers understood that they needed to improve the CCPA. Recently, the governor signed bills to strengthen these protections. 

These include Assembly Bills 1194 and 947. These laws will provide additional safeguards for sensitive information, such as an individual’s immigration or citizenship status. They also protect an individual’s reproductive health care services. 

Another bill signed into law includes Senate Bill 362, the Delete Act. This Act gives California residents more control over personal information collected by data brokers. Together, these laws should increase the privacy of California residents. 

Here are some highlights about each law:

AB 1194

This new law is an amendment to the CCPA. It would exclude various information from the CCPA’s exemptions to non-disclosure requirements. Primarily, AB 1194 excludes information concerning abortion and other reproductive care services. 

Examples of such care include perinatal, contraception, and pregnancy. Businesses that process personal information related to the above must comply with the CCPA. As such, exemptions previously applied to these subjects will no longer apply due to AB 1194.

AB 947

AB 947 expands the definition of sensitive personal information. For example, an individual’s citizenship or immigration status legally counts as sensitive personal information. As a result, AB 947 will restrict how or whether employers may use this information under the CCPA.

However, this does not guarantee absolute protection of an individual’s citizenship or immigration status. Some exceptions to AB947 apply, making this information available under specific circumstances. One exception includes information publicly available or lawfully obtained. Should this information prove a matter of public concern, it will not qualify as sensitive personal information.

SB 362

The Delete Act will permit California residents to delete personal information that California’s registered data brokers have collected about them. Interested parties must submit a deletion request, which they can do on the California Privacy Protection Agency’s website. The agency will not charge consumers for this service. However, it can charge brokers a fee to access the deletion process.

Covered data brokers must delete all their personal information about a consumer after that consumer has submitted a request. The Delete Act requires them to delete this information once every 45 days. Furthermore, they cannot share or sell new information they collect about the residents.

Starting in 2028, the Delete Act will require data brokers to undergo compliance audits. An independent third party will perform these audits to ensure unbiased results. In addition, the Delete Act will have data brokers undergo these audits every three years.

Conclusion

These new laws will significantly impact employers and their policies and procedures. As such, employers should review and revise their policies to ensure compliance with the CCPA and its amendments. One area of particular concern for employers is employment background checks. The best way to help ensure compliance is by working with a trusted and experienced employment screening provider.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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