USD School of Law Alumna Brittany M. Wunderlich ’19 (JD) Produces Fisher Phillip’s Guide on CCPA Issues During COVID-19 Pandemic

Brittany M. Wunderlich ’19 (JD) Produces Fisher Phillip’s Guide on California Consumer Privacy Act (CCPA) Issues During COVID-19 Pandemic

Brittany M. WunderlichBrittany M. Wunderlich

SAN DIEGO (June 11, 2020)

University of San Diego (USD) School of Law alumna Brittany M. Wunderlich ’19 (JD), an associate at Fisher Phillips’ San Diego office, authors An Employer’s Guide to the California Consumer Privacy Act (CCPA) During the COVID-19 Era.

The California Consumer Privacy Act (CCPA) had only been in effect for a short time before the COVID-19 pandemic struck, raising a host of new privacy challenges for employers in the midst of trying to comply with an entirely new set of challenges and laws. As California businesses begin to reopen, these concerns have only increased–and will only amplify once the enforcement date of the CCPA kicks in on July 1, 2020. What do employers need to know about complying with California’s new privacy law during the COVID-19 era? Wunderlich outlines the following considerations:

  • Does the CCPA Apply to Your Business?
  • Health Screenings and Temperature Checks
  • What is Required Under the CCPA?
  • How Does COVID-19 Impact Employers’ CCPA Obligations?
  • Must Consumers Sign the Privacy Notice?
  • Storing Health Information
  • Disclosing Health Information
  • Enforcement of the CCPA During COVID-19

Takeaways
As businesses begin to reopen and return to the workplace, you should take immediate action to evaluate existing privacy practices and implement the requirements of the CCPA. This includes providing notices to consumers about what information will be collected during health screenings and/or temperature checks, and putting in place reasonable security measures to safeguard personal information.

To summarize, here is a checklist detailing the steps that you should take prior to conducting health screenings and/or temperature checks to ensure your business is CCPA complaint:

  • Implement reasonable security measures, physically and electronically, for all stored data. This includes ensuring physical files are stored in locked cabinets and that electronically stored data is encrypted.
  • Update your privacy policy to match industry standards.
  • Determine whether you will be storing health screening and/or temperature check data from non-employee consumers (customers and visitors). If so, provide a CCPA complaint notice to non-employee consumers that includes the categories of personal information that you will collect from the health screening and/or temperature check, and the business purposes for which each category of personal information will be used.
  • If you have already provided the more comprehensive notice (which ideally would have been provided on or before January 1, 2020), you should supplement this notice with a notice the includes the categories of personal information that you will collect from the health screening and/or temperature check, and the business purposes for which each category of personal information will be used.
  • If your business has not already provided a notice to employees, you should issue a notice to employees that contains general categories of information collected about consumers, as well as the information that you collect from health screenings and/or temperature checks, and the business purposes for which each category of personal information is used.

Store employee health information gathered from the health screenings and/or temperature checks in a confidential medical file and limit access to those individuals who need access.

View FP BEYOND THE CURVE: Post-Pandemic Back-To-Business FAQs For Employers.

About the University of San Diego School of Law

Each year, USD educates approximately 800 Juris Doctor and graduate law students from throughout the United States and around the world.  The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest law and taxation.

USD School of Law is one of the 84 law schools elected to the Order of the Coif, a national honor society for law school graduates.  The law school’s faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 36th nationally among U.S. law faculties in scholarly impact and 22nd nationally in past-year faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, independent, Roman Catholic university chartered in 1949.

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