When assisting businesses with the commercial aspects of the California Consumer Privacy Act, we advise them that this same law, with “consumer” in its name, also applies to data related to job applicants, employees, contractors, and other California state residents. Some are surprised, but we get to work addressing some nuanced issues, as some CCPA provisions do not neatly fit the employment relationship.

Fortunately, last month, the California Privacy Protection Agency (CPPA) issued an invitation for preliminary comments on potential updates to CCPA regulations addressing notices and disclosures and the handling of employee data. So, if you have questions or concerns about the CCPA’s application to employment information, you can submit that feedback by May 20.

The CPPA is considering whether to amend existing regulations or adopt new rules governing privacy notices (e.g., privacy policies, notices at collection, and rights notices) and their application to workforce data.  In short, the CPPA is seeking stakeholder input on both consumer-facing disclosures and employment lifecycle data practices, including hiring, active employment, and offboarding. Notably, the agency is offering this opportunity not only to businesses, but also to employees, applicants, and other consumers.

Key Areas for Consideration

Employee Notice Timing and Delivery: The CPPA asks when and how employees receive notices (e.g., at hiring, during employment, or at offboarding), highlighting uncertainty around optimal timing and format for workforce-specific disclosures.

Application of CCPA Rights in the Employment Context: The CPPA also is seeking input on a pain point for employers, namely managing the exercise of consumer rights under the CCPA. This includes questions about applicant and employees’ experiences exercising access, deletion, or correction rights suggesting a need for clearer rules on scope, verification, and operational workflows for HR data. An example of one question:

Have you exercised your CCPA rights as a job applicant or employee?

a. Describe your experience exercising your rights.

b. Describe any challenges you experienced when exercising your rights.

c. Do you have any suggestions on how to improve the experience?

In some cases, employers face challenges with the nature, scope, and purpose of such consumer rights requests from applicants and employees (including former employees as well as independent contractors).

Oversight of Service Providers and Contractors: The CPPA is probing how businesses monitor vendors’ compliance (e.g., audits, testing), indicating potential future guidance on accountability frameworks and due diligence expectations in the employment data ecosystem.

As noted, the CPPA is accepting preliminary comments through May 20, 2026, and feedback at this stage may shape future proposed regulations. Contact us if you would like to discuss how these developments may impact your organization or are interested in submitting comments to help shape the regulatory process to address your business needs.

Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP)…

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Privacy and cybersecurity experience – Joe counsels multinational, national and regional companies in all industries on the broad array of laws, regulations, best practices, and preventive safeguards. The following are examples of areas of focus in his practice:

  • Advising health care providers, business associates, and group health plan sponsors concerning HIPAA/HITECH compliance, including risk assessments, policies and procedures, incident response plan development, vendor assessment and management programs, and training.
  • Coached hundreds of companies through the investigation, remediation, notification, and overall response to data breaches of all kinds – PHI, PII, payment card, etc.
  • Helping organizations address questions about the application, implementation, and overall compliance with European Union’s General Data Protection Regulation (GDPR) and, in particular, its implications in the U.S., together with preparing for the California Consumer Privacy Act.
  • Working with organizations to develop and implement video, audio, and data-driven monitoring and surveillance programs. For instance, in the transportation and related industries, Joe has worked with numerous clients on fleet management programs involving the use of telematics, dash-cams, event data recorders (EDR), and related technologies. He also has advised many clients in the use of biometrics including with regard to consent, data security, and retention issues under BIPA and other laws.
  • Assisting clients with growing state data security mandates to safeguard personal information, including steering clients through detailed risk assessments and converting those assessments into practical “best practice” risk management solutions, including written information security programs (WISPs). Related work includes compliance advice concerning FTC Act, Regulation S-P, GLBA, and New York Reg. 500.
  • Advising clients about best practices for electronic communications, including in social media, as well as when communicating under a “bring your own device” (BYOD) or “company owned personally enabled device” (COPE) environment.
  • Conducting various levels of privacy and data security training for executives and employees
  • Supports organizations through mergers, acquisitions, and reorganizations with regard to the handling of employee and customer data, and the safeguarding of that data during the transaction.
  • Representing organizations in matters involving inquiries into privacy and data security compliance before federal and state agencies including the HHS Office of Civil Rights, Federal Trade Commission, and various state Attorneys General.

Benefits counseling experience – Joe’s work in the benefits counseling area covers many areas of employee benefits law. Below are some examples of that work:

  • As part of the Firm’s Health Care Reform Team, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans to comply with ERISA, IRC, ACA/PPACA, HIPAA, COBRA, ADA, GINA, and other related laws.
  • Guiding clients through the selection of plan service providers, along with negotiating service agreements with vendors to address plan compliance and operations, while leveraging data security experience to ensure plan data is safeguarded.
  • Counsels plan sponsors on day-to-day compliance and administrative issues affecting plans.
  • Assists in the design and drafting of benefit plan documents, including severance and fringe benefit plans.
  • Advises plan sponsors concerning employee benefit plan operation, administration and correcting errors in operation.

Joe speaks and writes regularly on current employee benefits and data privacy and cybersecurity topics and his work has been published in leading business and legal journals and media outlets, such as The Washington Post, Inside Counsel, Bloomberg, The National Law Journal, Financial Times, Business Insurance, HR Magazine and NPR, as well as the ABA Journal, The American Lawyer, Law360, Bender’s Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy, and Data Security Law Journal.

Joe served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.

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