Privacy Laws

No blood, no job? Companies using blood analysis for employee screening: report

by Dexter Tilo - Human Resources Director (HRD)

A new report is calling for new provisions in Australia's privacy and workplace relations laws amid findings that some organisations are requiring blood analysis from job applicants.

Research from the Australia Institute's Centre for Future Work found that some organisations are using blood analysis to screen future employees for "health risks" that they allege may impact job performance.

Read more: https://www.hcamag.com/au/specialisation/recruitment/no-blood-no-job-companies-using-blood-analysis-for-employee-screening-report/502250

Colorado Amends State Privacy Law to Include Biometric Data Requirements

by Jessica Arett, Emily Keimig, Brian Tengel, Venable LLP - JD Supra

On May 31, 2024, Governor Jared Polis signed into law Colorado House Bill 24-1130 (HB 1130), amending the Colorado Privacy Act (the CPA) to impose new requirements on controllers that process biometric data. The amendments go into effect July 1, 2025. Unlike the Illinois Biometric Information Privacy Act (BIPA), HB 1130 does not create a private right of action.

Read more: https://www.jdsupra.com/legalnews/colorado-amends-state-privacy-law-to-7447050/

US State Privacy Legislation Tracker 2024

by iapp

View Comprehensive Consumer Privacy Bills by clicking the link below.

Please note: This tracker only includes bills intended to be comprehensive approaches to governing the use of personal information. If a bill does not appear on the tracker, it does not qualify due to its scope, coverage, rights or purpose. Industry-specific, information-specific and narrowly scoped bills, e.g., data security bills, are not included.

View chart here: https://iapp.org/media/pdf/resource_center/State_Comp_Privacy_Law_Chart.pdf

Top 6 operational impacts of India’s DPDPA – Scope, key definitions and lawful data processing

by Sandeep Sangwan - iapp

Since the Supreme Court of India declared the "right to privacy" as a fundamental right in a landmark 2017 judgment and urged the national government to establish a data protection regime, policymakers have worked toward passing central legislation to protect privacy. And on 11 Aug., India finally achieved this goal with the enactment of the Digital Personal Data Protection Act.

Read more: https://iapp.org/resources/article/operational-impacts-of-indias-dpdpa-part1/

Summary: All You Need To Know About Canada’s New Digital Charter Bill

by Sashwata Saha - Medianama

In a move towards strengthening data and privacy protection rules, the Liberal Party of Canada tabled Bill C-27, the Digital Charter Implementation Act 2022, before the country’s Parliament, a month ago, on June 16. The charter includes a collection of three new laws: the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act.

Read more: https://www.medianama.com/2022/07/223-canada-new-digital-charter-bill-summary/

Bill 64 on modernizing Québec privacy law – Why it matters and how to prepare for it

by Chantal Bernier, Sasha Coutu, Alexandra Quigley - JD Supra

Québec’s Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, was adopted unanimously, on September 21, 2021, receiving assent on September 22, 2021. The clock has started running to prepare for its implementation in covered organizations. While most new provisions will come into effect only two years after assent, the organizational transformation they entail is significant and will require time and resources. To comply with Bill 64, organizations must: i) establish data governance processes, including ones to assist individuals in exercising new privacy rights, ii) develop corporate data management policies, iii) adopt technological solutions to de-index or transfer personal information upon request; and iv) issue internal guidelines to support staff and service providers in the implementation of the new privacy regime.

Read more: https://www.jdsupra.com/legalnews/bill-64-on-modernizing-quebec-privacy-3532823/

Canada: New Federal Privacy Legislation is Moving Through the Legislative Process

by Rhonda Levy and Monty Verlint - Littler - JD Supra

On November 17, 2020, Canada’s federal Minister of Innovation, Science and Industry introduced Bill C-11, An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Act (Bill C-11) for consideration in the House of Commons. The short title of Bill C-11 is the Digital Charter Implementation Act, 2000, and its aim is to reform federal private sector privacy legislation.

Read more: https://www.jdsupra.com/legalnews/canada-new-federal-privacy-legislation-5598325/

Virginia Governor Signs Consumer Privacy Law

by Lisa Nagele-Piazza - SHRM

Gov. Ralph Northam recently signed the Virginia Consumer Data Protection Act (CDPA), which will give consumers certain rights to control how their personal data is used beginning Jan. 1, 2023.  

Virginia is the second state to pass a comprehensive data privacy law, following California. Notably, however, Virginia's legislation has a carve-out for information collected in the employment context, whereas California's law applies to some employment data.

Read more: https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/virginia-governor-signs-consumer-privacy-law.aspx

Ahead By a Century: Canada's Rehaul of Privacy Law in 2020

by Joseph A. Gill and Tyler K. Gray - McKercher LLP

In a previous life, I sat in on a data governance meeting as a consultant. During the conversation, the team was discussing an automated decision-making process where one of the pieces of information collected was an individual’s age. Where an individual was under a certain age, they were disqualified and pre-screened out of using a product. Then, one of the team members spoke up and raised a concern about using this automated decision factor, and even whether we should collect this information at all. The team member stated that age alone was not helpful to the company in qualifying or disqualifying the potential customer and may even discriminate against otherwise excellent potential customers. The conversation raised a serious question about the true value of the information to the company’s product delivery. It also raised a question about whether use of that information could be justified if reliance on it to deny access to the product was brought to light.

Read more: https://www.mckercher.ca/resources/ahead-by-a-century-canadas-rehaul-of-privacy-law-in-2020

Bill to overhaul Canada's privacy laws coming soon

by Catharine Tunney - CBC News

As the number of high-profile online consumer security breaches continues to grow, the federal government is expected to introduce a bill soon to shake up Canada's privacy laws — possibly as early as this week.

Innovation Minister Navdeep Bains signalled plans to introduce the legislation late last week on the House of Commons notice paper.

Read more: https://www.cbc.ca/news/politics/privacy-bill-bains-1.5801613