Careers

Diversity, Equity & Inclusion

Experience

Innovation

Interactive Maps

Locations

About

Pages

Meet our team of innovators
Ask us how we do it

Professionals

Insights

Services

Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

Home | Thompson Hine LLP

Atlanta

Chicago

Cincinnati

Cleveland

Columbus

Dayton

New York

Washington, D.C.

Welcome to the eighth issue in our series, Compliance Check 2020, a monthly publication that will help you perform a self-assessment of your company’s compliance with federal, state and local employment laws and regulations.

contentpilot/introduction

In this edition, we help you evaluate your company’s compliance with evolving legal requirements governing the collection, use, dissemination, retention and disposal of employees’ personal information.

core/paragraph

Several U.S. states have recently enacted, or are actively seeking to enact, data privacy legislation that, to varying degrees, restricts the use of biometric data and other personal information (including in the employment context) and creates private or regulatory liability for failing to do so.

For example, the California Consumer Privacy Act (CCPA), which is set to take effect on January 1, 2020, establishes a comprehensive framework regulating how covered businesses may collect and use California residents’ “personal information,” which includes personal information relating to employees, contractors and agents residing in California. The CCPA’s definition of personal information is expansive and includes “biometric information” and many other data sets that are commonplace in the employment context. It also subjects covered businesses to regulatory enforcement and other liability for failing to comply with certain of its provisions.

Illinois is also on the forefront of enacting state privacy laws affecting employers. On May 29, 2019, it took another step toward becoming one of the first states to regulate employers’ use of artificial intelligence. If signed into law, the Artificial Intelligence Video Review Act will regulate an employer’s use of artificial intelligence to analyze recorded video interviews of applicants during the hiring process. The law sets forth consent, disclosure, confidentiality and record destruction rules for employers. Employers have also faced class action lawsuits brought under the Illinois Biometric Information Protection Act, which was enacted in 2008 to regulate “the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and information.”

Here are some questions to help you assess whether your company needs to prepare for or take action to comply with privacy laws regulating the collection and use of biometric data and other personal information in the employment context:

core/list

core/heading

As always, we welcome your questions, feedback or suggestions. Please contact:

Steven G. Stransky, Author 216.566.5646 202.263.4126 <a href="mailto:Steve.Stransky@ThompsonHine.com">Steve.Stransky@ThompsonHine.com</a>

Megan S. Glowacki, Co-Editor 513.352.6503 <a href="mailto:Megan.Glowacki@ThompsonHine.com">Megan.Glowacki@ThompsonHine.com</a>

Heather M. Muzumdar, Co-Editor 513.352.6691 <a href="mailto:Heather.Muzumdar@ThompsonHine.com">Heather.Muzumdar@ThompsonHine.com</a>

Nancy M. Barnes, Practice Group Leader 216.566.5578 <a href="mailto:Nancy.Barnes@ThompsonHine.com">Nancy.Barnes@ThompsonHine.com</a>

This newsletter may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Compliance_Check_2020_-_August_2019.pdf

Compliance Check 2020 – August 2019

Services