When the first state consumer privacy law – California Consumer Privacy Act (CCPA) – passed, it applied to employees, but before it went into effect in 2020, 2019’s Assembly Bill 25 created a temporary exemption. By January 1, 2023, however, the exemption expired and the CCPA applied fully to personal information collected from or about employees and job applicants, including the CCPA’s anti-retaliation and anti-discrimination requirements. Last year, the CCPA’s Automated Decision-Making Regulations were finalized, with some special treatment applied to the HR context, as explained below. Other state legislatures, however, have mostly (but not completely, as discussed below) avoided extending their consumer privacy laws to employees and job applicants.








