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HomeEmploymentDigital License Plates - A Privateness Nightmare for Employers

Digital License Plates – A Privateness Nightmare for Employers


On September 29, 2022, Governor Newsom signed AB 984 into regulation, permitting for digital license plates (i.e. “different gadgets”). The futuristic plates can show completely different messages in emergency conditions and have inbuilt GPS [pretty cool!]. However, employers beware. The license plates are a privateness nightmare.

Employers could solely “monitor” workers utilizing the license plates whether it is “strictly essential” for the efficiency of the worker’s duties. The limitation contains monitoring, watching, listening to, or in any other case surveilling the worker. If an employer chooses to watch workers’ whereabouts utilizing digital plates, it should first present the worker with a complete discover. The discover requires, at minimal, the next disclosures:

  1. An outline of the precise actions that will likely be monitored.
  2. An outline of the employee knowledge that will likely be collected as part of the monitoring.
  3. A notification of whether or not the information gathered via monitoring will likely be used to make or inform any employment-related choices, together with, however not restricted to, disciplinary and termination choices, and, if that’s the case, how, together with any related benchmarks.
  4. An outline of the distributors or different third events, if any, to which data collected via monitoring will likely be disclosed or transferred. The outline shall embrace the identify of the seller or third social gathering and the aim for the information switch.
  5. An outline of the organizational positions which can be licensed to entry the information gathered via the choice system.
  6. An outline of the dates, instances, and frequency that the monitoring will happen.
  7. An outline of the place the information will likely be saved and the size of time will probably be retained.
  8. A notification of the worker’s proper to disable monitoring, together with automobile location know-how, outdoors of labor hours.

Utilizing digital plates to trace workers additionally implicates quite a few [other] privateness legal guidelines, together with obligations on employers for dealing with, storing, and conveying knowledge retrieved from the plates.  

The brand new regulation additionally prohibits retaliating in opposition to workers for eradicating or disabling monitoring gadgets outdoors of labor hours.

Sure fleet and business autos are excluded from this new regulation.

An employer who violates this regulation is topic to a civil penalty of 200 fifty {dollars} ($250) for every worker for an preliminary violation and one thousand {dollars} ($1,000) for every worker, for every subsequent violation, for every day the monitoring happens with out correct discover. The Labor Commissioner could situation citations for any such violations.

Sensible Ideas

Weigh the cost-benefit of utilizing digital license plates. Handy? Sure. Cool? Completely. However, privateness considerations (together with knowledge necessities), the potential civil penalties at stake, and danger that the Labor Commissioner will discover monitoring was not “strictly essential” in all probability outweigh the advantages for many employers. Employers who want to use digital plates ought to revise their worker handbooks to incorporate the required discover. Employers also needs to require workers to signal a separate written discover previous to monitoring them utilizing the digital plates. 

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