Employment Privacy Group
The Hintze Law PLLC Employment Privacy Group has an experienced team ready to help organizations navigate the complex privacy, security, and data protection requirements that apply in the employment context. We bring years of inhouse expertise as well as an understanding of practical, risk-based solutions to the most challenging of employee privacy and security issues.
Why Does Employee Privacy Matter?
Employment-related privacy and data protection risks are on the rise. U.S. states have passed omnibus privacy laws covering employee data and requiring employee and applicant privacy notices and data rights. States have also passed employee specific laws such as employee monitoring notices, and bias audits for the use of automated employment decision tools. Class-action litigation related to the collection and use of employee biometric information is on the rise. Several federal agencies, including the Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Justice have issued statements and guidance related to the possible discriminatory impacts that can arise from using automated decision-making tools. Several other states and municipalities have signaled their intent to prioritize regulation in these areas.
Our Experience
· Employee Notices. Developing and implementing employee and applicant privacy notices and policies, and employee monitoring policies and processes.
· Cybersecurity. Guiding response to breach of employee and applicant data and setting up cybersecurity programs to protect employee and applicant data and help prevent breaches.
· Retention Policies. Developing and implementing personal information retention and deletion policies and processes.
· Employee Data Requests. Developing and implementing procedures for analyzing and responding to employee and applicant requests to access, correct, and delete personal information.
· Risk Assessments. Conducting employee privacy and data protection risk assessments.
· Sensitive Data Processing. Advising on risks and requirements related to biometric, health, and location data collection, background checks, employee monitoring.
· AI & Machine Learning. Advising on privacy, data protection, and ethics issues regarding AI and machine learning technologies, and automated decision-making in the employment context.
· DEI Programs. Advising on privacy issues in employee and applicant diversity, equity, and inclusion programs.
· Data Protection Agreements. Drafting and negotiating data processing agreements with suppliers and partners, including benefits partners.
