1550.
(a) An employer with 250 or more employees in California that controls the collection of employee personal information shall, pursuant to subdivision (b), notify an employee if employee personal information shall be collected through electronic monitoring.(b) (1) The notice required by subdivision (a) shall include all of the following:
(A) A description of the types of activities, locations, communications, and job roles that will be electronically monitored.
(B) A description of the types of technologies used to conduct electronic monitoring and the categories of employee personal
information that will be collected as a part of the electronic monitoring.
(C) The retention periods for each category of employee personal information collected as a part of the electronic monitoring.
(2) An employer subject to this section shall provide required notifications pursuant to this section both:
(A) To any new employee no later than 15 days after their start date.
(B) To existing employees no later than 60 days after enactment of this part.
(3) Thereafter, an employer shall provide an updated notice to current employees at or before the point of collection of employee personal information, if there is any material change in the employer’s practice that would render the prior
notice inaccurate or incomplete.
(c) For purposes of this section, an employer need not provide a notice otherwise required by this section under any of the following conditions:
(1) The employer reasonably believes that notice would compromise the integrity of an investigation or inquiry of potential violations of employer policies, rules, or requirements of federal, state, or local law.
(2) The employer reasonably believes that notice would compromise the safety of employees, clients, customers, or the public.
(3) Notice would violate the requirements of federal, state, or local laws.
(4) Notice would violate a court order.
(d) The notices required by this section are not required to be provided to a job applicant unless the job applicant is hired.
(e) The Division of Labor Standards Enforcement shall have exclusive jurisdiction to enforce this section.
(f) This section shall not be enforced by an action under Part 13 (commencing with Section 2698) of Division 2.
(g) For purposes of this part, the following definitions apply:
(1) “Electronic monitoring” means the collection of employee personal information by an employer by means of a device or system that stores, generates, or transmits information in electronic form for the purpose of assessing worker performance or satisfaction of a job function. “Electronic monitoring” does not apply to processes that
are: (A) performed for the purpose of system or records maintenance, security, integrity, or protection; (B) designed to verify or protect the confidentiality, integrity, or security of employer information or information of vendors or third parties, such as client information or information licensed by the employer; (C) designed to protect the security or integrity of the employer’s property, premises, systems, networks, or devices; (D) designed to manage the type or volume of incoming or outgoing communications, or internet or systems use; or (E) designed to evaluate or collect aggregate data that is not specific to a worker.
(2) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, that is collected, stored, used, or disclosed in the context of that worker’s participation in the
workforce, but does not include confidential business information, internal legal documents, privileged information, publicly available information, deidentified or anonymized information, aggregated information, work product such as emails sent from a company account, or another employee’s personal information.