Below are snapshots of recent global updates courtesy of Nymity Research.
Legislation: Hawaii Prohibits Tracking Employees Through Personal Devices
Effective July 7, 2021, employers may not, as a condition of employment, require an employee to download an app on their personal communication device that tracks their location or reveals their PI, or terminate or discriminate against an employee for refusing to do so; employers may require use of an employer-owned device that enables the employee’s location to be tracked. Violations are subject to injunctive relief, actual damages and a $500 fine for each violation. Read more here.
Legislation: Ontario Seeks to Modernize Privacy Protections
The Ministry of Government and Consumer Services seeks feedback on proposals to introduce a rights-based approach to privacy in Ontario (i.e., establish a fundamental right to privacy), foster safe use of AI and automated decision-making (i.e., permit individuals to request human review and contest automated decisions), enhance consent and lawful uses of PI, require parental consent and age verification mechanisms, and give the IPC the power to issue orders and impose administrative penalties. Read more here.
Legislation: Massachusetts Regulates Employee Monitoring
If passed, electronic surveillance is permitted to monitor employees or customers if notice is given in a conspicuous place, outlining purposes for monitoring, and employees have an opportunity to review or copy personal data obtained; monitoring cannot occur in places such as bathrooms or locker rooms. Read more here.
Legislation: Colorado Becomes Third State to Enact Omnibus Privacy Act
Effective, July 1, 2023, controllers must comply with personal data processing principles (transparency, purpose limitation, data minimization, security), conduct impact assessments for processing of targeted ads, data sales, and sensitive data processing, and comply with consumer requests (access, correction, deletion, data portability, opt out); violations can result in action by the AG and district attorneys, with no private right of action for consumers. Read more here. Download the TrustArc whitepaper on the Colorado Privacy Act here.
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