Does the CCPA apply to the personal information of employees?


The CCPA applies to personal information held about “consumers” – a term which is defined as referring to any resident of California.1  As a result, if a business is governed by the CCPA, the rights conferred by the statute apply to the business’s employees.

While the CCPA applies to data collected about employees, the California legislature passed an amendment in 2019 (Senate Bill 25) that effectively phased-in the rights afforded to employees over the course of 2020.  Pursuant to the amendment, those provisions of the CCPA found within Sections 100(b) and 150 applied immediately to employees.2  These included the obligation that a business inform an employee “at or before the point of collection” of the personal information to be collected and the purposes for which the information will be used.3  They also included the ability of an employee to bring suit if an employer failed to adequately protect sensitive category information.5  Employee’s personal information was exempted from other provisions of the CCPA until January 1, 2021 (e.g., access rights, deletion rights, sale rights, etc.).5