South Korea Consults on Draft Decree to Personal Information Protection Act

by Charmian Aw - The National Law Review

On May 18, 2023, South Korea’s privacy regulator, the Personal Information Protection Commission (PIPC), released for public consultation a draft decree[1] under the Personal Information Protection Act (PIPA). The key changes proposed in the draft decree are as follows.

Consent

The draft decree seeks to enhance the right under the PIPA of citizens who are data subjects, to determine how their personal data may be processed. This is done by specifying that, where consent is the appropriate basis for processing personal data, such consent must be freely given by each data subject after it has been made explicitly clear to them that they can choose whether or not to consent. This includes ensuring that any personal data processing policy is implemented and disclosed in an easy-to-understand manner.

Read more: https://www.natlawreview.com/article/south-korea-consults-draft-decree-to-personal-information-protection-act

U.S. Supreme Court Focuses on Subjective Intent in Overturning False Claim Act Cases

by Duane Morris

Writing for a unanimous Supreme Court of the United States, on June 1, 2023, Justice Clarence Thomas issued a decision clarifying the knowledge requirement for cases brought pursuant to the False Claims Act (FCA). In overturning the consolidated cases of United States ex rel. Schutte et al. v. SuperValu Inc., et al. and United States ex rel. Proctor v. Safeway, Inc., the Supreme Court rejected the Seventh Circuit’s focus on the objectively reasonable interpretation of an ambiguous rule or regulation. Instead, the Court held that the FCA’s scienter requirement refers to the defendant’s subjective knowledge and belief at the time the claim is submitted.

Read more: https://www.duanemorris.com/alerts/us_supreme_court_focuses_subjective_intent_overturning_false_claims_act_cases_0623.html

China Issues Guidelines regarding Filing Standard Contracts for Cross-Border Transfer of Personal Information

by Hunton Andrews Kurth

On May 30, 2023, the Cyberspace Administration of China (“CAC”) issued the Guideline for Filing the Standard Contract for Cross-border Transfer of Personal Information (“SC”). On June 1, 2023, the SC became an effective mechanism for transferring personal data outside of China. When using the SC as a transfer mechanism, it must be filed with the CAC and the new Guideline provides guidance for doing so. The key elements of the Guideline are summarized below.

Read more: https://www.huntonprivacyblog.com/2023/06/08/china-issues-guidelines-regarding-filing-standard-contract-for-cross-border-transfer-of-personal-information/

Chicago Enhances ‘Ban the Box’ Legislation Effective for Employers Immediately

by Morgan Lewis, Chloe Keating Leigh, Mikaela Shaw Masoudpout, Anna Perocchi, Stephanie Sweitzer - JD Supra

Chicago’s newly elected mayor, Brandon Johnson, signed amendments on April 24 to Chicago’s “ban the box” ordinance, which became effective immediately and applies to all Chicago employers. Mirroring updates the Illinois legislature made to the Illinois Human Rights Act in 2021, the amendments require Chicago employers to perform an individualized assessment before basing an adverse employment action on an individual’s criminal history, and impose pre-adverse action and final adverse action notice requirements when such decisions are made.

Read more: https://www.jdsupra.com/legalnews/chicago-enhances-ban-the-box-2183390/

At a glance: hiring employees in France

by Charles Dauthier, Sabine Smith-Vidal - Lexology

An extract from Lexology Getting the Deal Through

Background information on applicants

Background checks

Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?

The employer may ask an applicant to provide information directly or through a third party to the extent that such information is necessary to assess the applicant’s professional capacities that have a direct link with the position and the applicant’s skills (article L1221-6 of the Labour Code). Except where the information is relevant in the specific context of the position, the employer may not collect private background information (eg, whether the applicant has a criminal or credit record, or a driver’s licence).

Read more: https://www.lexology.com/library/detail.aspx?g=b4897ce2-0e48-4b14-91cd-e44397c28b14&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2023-05-17&utm_term=

Hearing draws support for rent stabilization and ‘ban the box’ for housing

by Evan Popp - Beacon

In response to the state’s dire affordable housing crisis, advocates urged lawmakers Monday to pass a bill to stabilize rent prices and reform tenant termination laws along with a measure to prevent landlords from using a criminal record to deny housing to someone at the beginning of an application process. 

The measures — part of a litany of housing-related bills being pushed this session to better protect tenants, address chronic homelessness and spur the development of affordable housing — come as the crisis in Maine threatens to spiral out of control. Rental prices are skyrocketing and evictions are spiking. Furthermore, there are around 15,000 people on waitlists for housing vouchers in the state, 40% of Maine renters are considered cost-burdened, homelessness is on the rise and there is a shortage of about 20,000 affordable housing units. 

Read more: https://mainebeacon.com/hearing-draws-support-for-rent-stabilization-and-ban-the-box-for-housing/

Chicago Enacts Amendments To And Expands Requirements Of Its Criminal History Screening Ordinance

by Andrew Gray, Rod M. Fliegel - Littler

For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job Opportunities for Qualified Applicants Act (JOQAA), albeit with some important differences.

Illinois law on this subject has since been amended substantially, and on April 24, 2023, the City of Chicago followed suit by publishing an amended ban-the-box ordinance that takes immediate effect. Chicago’s new ordinance: (1) creates a new individualized assessment requirement; (2) requires a pre-adverse and final adverse action notice when employers are assessing criminal records; and (3) requires additional language in an adverse action notice.

Read more: https://www.littler.com/publication-press/publication/chicago-enacts-amendments-and-expands-requirements-its-criminal-0?utm_source=mondaq&utm_medium=syndication&utm_term=Employment-and-HR&utm_content=articleoriginal&utm_campaign=article

New Chamber report shows how substance use disorder contributes to workforce challenges

by Sawyer Coffey - The Bottom Line News

Kentucky continues to struggle with a major substance use disorder crisis, with devastating effects not only on public health and families but also on Kentucky’s economy and workforce. In fact, substance use disorder, or SUD, is a key reason why Kentucky has one of the lowest workforce participation rates in the nation, according to a new report by the Kentucky Chamber Center for Policy and Research titled Working Towards Recovery.

Read more: https://kychamberbottomline.com/2023/05/08/new-chamber-report-shows-how-substance-use-disorder-contributes-to-workforce-challenges/

Utah leaders gather to discuss the value of second chance employment

Press Release from Utah Business

Salt Lake City—In honor of Second Chance Month, local leaders and second chance employers will join Rasa Legal and Clean Slate Utah for a panel discussion of the value of hiring and supporting people with criminal records. The discussion will take place on Thursday, April 27, from 6-7 p.m. MDT at The Other Side Academy. 

Read more: https://www.utahbusiness.com/leaders-discuss-second-chance-employment/

Wow!: How US 'fair chance' laws help ex-convicts find homes

by Carey L Biron - Sight Magazine

By the time Lee "Taqwaa" Bonner got out of prison in California, he had spent 30 years behind bars and was unsure where to go.

He stayed at a halfway house for three months, but then had to find a home. Everywhere he went, doors were slammed in his face.

"I tried to move in with my younger sister, until [an official] informed me that I was putting her housing in jeopardy," Bonner, 56, told Context.

Read more: https://www.sightmagazine.com.au/columns/wow/29728-wow-how-us-fair-chance-laws-help-ex-convicts-find-homes