Benson Odiwuor Otieno’s Post

I think yesterday’s scenario is a situation where there is a single, unambiguous correct answer. An employer cannot rely on the contract lawful basis to use personal data in a promotional context. It’s not an inherent part of the employment relationship: it’s not “necessary”. I picked this case (which is not exactly fictional but used with permission) because it’s far too common for employers to think they can use employee’s personal data for a wide range of things. For example, employers may capture an image of staff for ID badges, especially where employees work in physical premises and their ID may need to be checked. But I’ve encountered loads of situations where the bank of images gathered for that purpose are used elsewhere for less justifiable reasons. Every lawful basis contains the word ‘necessary’ apart from consent, so it’s not nearly enough to pick on a certain word and say “CONTRACT!”. You need to examine each element of the text to work out how it applies. Employers do like to use their staff in promotional materials rather than models, whether for authenticity or because they're penny-pinching. Several astute commenters identified legitimate interests as a better candidate than contract, consent having the problem of the power imbalance between employer and employee. I agree. The best version I've seen was where the employer asked for volunteers, did a decent legitimate interest assessment and notionally ran it on that basis, but heavily emphasised staff’s right to drop out and to have images removed. Obviously, as a participant, you can’t be certain what will happen if you change your mind, but this was a responsible employer and all I can say is that they meant it. If someone changed their minds, images would have been removed. The employer recognised that the staff were doing them a favour. Using models is cleaner though. You set up a contract, you pay them for their work, job done. Stay tuned for part two tomorrow: think about Asif’s face on the back of that bus and ask yourself this question. Is that personal data?

📰 Strelia Data protection & privacy at the workplace Series – August 2023 Edition ✒️ Stefanie Tack Julie Brohée 💡 In this edition of our Series, we analyze Decision no. 40/2023 of April 3, 2023 rendered by the Belgian Data Protection Authority. The DPA answers the question whether a former employee could access his personal data that can be found on a work mailbox, which the employee had used when he was working for his former employer. Click here to read our latest edition 👉 https://lnkd.in/eA2pKWJb #dataprotection #privacy #workplace #employment #employmentlaw #strelia #toptieronahumanscale

📢 BIG NEWS: NY Senate introduced a bill (S07623) re restricting the use of electronic monitoring and automated employment decision tools & amend the civil rights law. I will have a deeper dive later but here are immediate thoughts: https://lnkd.in/d87WkEmz Many of the items reflect what we recommended in >>our recent paper 'A policy primer and roadmap on AI worker surveillance and productivity scoring tools': https://lnkd.in/dMbQutvW >>and in CAIDP's recommendations to OSTP: https://lnkd.in/d--QBdzb PRO · Clear indication that NYC Law 144 has inspired many of the requirements. · Congratulations to NY State to expand to worker surveillance! Hopefully another pioneer work from NY · Requires employers to ensure tools are ‘bias audited’ and results made public · Definition of ‘employee’ includes independent contractors · Employee data definition is pretty extensive · Prohibits tools that incorporate facial recognition, gait, or emotion recognition technology · Prohibits making predictions about an employee or candidate for employment's behavior, beliefs, intentions, personality, emotional state, or other characteristic or behavior unrelated to the employee's essential job functions · Prevents employers from sale, transfer, or disclosure of employee data collected via an electronic monitoring tool to any other entity · Prevents employers to to obtain information about an employee's religious or political beliefs, health or disability status, or immigration status · Prevents employers from using surveillance tools to inform a dynamic wage-setting system · Prevents employers from conducting audio-visual monitoring of a workplace in an employee's residence, an employee's personal vehicle, or property owned by an employee CON · Using NYC Law 144 also meant that problematic definitions of ‘automated employment decision tools’ is copied. · Similarly NYC Law 144, bias audit does not include disability or sexual preference. · A lot of focus on notice to workers, but not much empowerment of workers on deciding whether these tools should be used in the first place, or how they should be governed. · Employers can still use tools for ‘assessment of worker performance’ and a vague definition of ‘additional purposes to enable business operations as determined by the department’ NEUTRAL Some of the practices the Bill is prohibiting are already illegal and employers already have federal obligations (avoid discrimination, monitor your tools, do not bust union activity) #aipolicy #aigovernance #fundamentalrights Center for AI and Digital Policy Marc Rotenberg Lorraine Kisselburgh h/t Diego Areas Munhoz

CCPA's impact on employment-related data is growing. Are you sure your business complies with the latest regulations and protects employee information effectively? Dive into the details here: 👉https://hubs.li/Q02B4qd60 #EmploymentRights #DataPrivacy #CCPA

Employers may need to gather sensitive employee information during the course of the employment relationship, such as background checks, date of birth, Social Security number (SSN) and even medical records. Employers have a responsibility to protect this type of information. ADP provides 9 recommendations for protecting sensitive employee data. Message me today for your free payroll/HR quote to get started. #hiring #employment #employeebenefits #employees #hradvice #payroll #adp #hrtips #employers #humanresources #payrollservices #hr #employeeengagement #payrollmanagement #payrolloutsourcing #employees #hrprofessionals #covid19 #franchise #workplaceandworkingenvironments #businessandmanagement #workingathome #covid #work #employmentlaw #employeebenefits #wagesandsalaries #lawandlegislation #politicsandlaw #benefits #flsa #healthcare #osha #contractors #legal #jobs #holidays #recruitment #recruiting #law #veterans #worklifebalance #business #restaurants #staffing #careers #help #compliance #tax #interview #job #business #help #taxes #administration #security #experience #training #forms #productivity #opportunity #resume #data #smallbusiness #audit #medical #salary #safety #insurance #travel #employer #highlights #responsibilities #laws #roles #required #policies #trainingprogram #supervisors #procedures #bemore #successful #quote #future #trained #promote #effective #statistics #success #culture #health #people https://lnkd.in/gPyj5Z-H

Collecting information about your candidates and new hires isn’t just good practice, it’s legally required in Australia as per the Fair Work Act. The Privacy Act 1988 sets out requirements for collecting, storing, using and disclosing personal information on employees. These are called the Australian Privacy Principles. The Privacy Act 1988 also sets out additional rules and higher standards for collecting and handling sensitive personal information. 🔒 Navigating employee data privacy legislation can be tricky, so here's what we think you should know. 👇

🚀 Navigate the FTC's Ban on Non-Compete Clauses with Confidence 🚀 The FTC's recent ruling on non-compete clauses has profound implications for employers. Understanding these changes is crucial, and our AI-powered Data Chat Bot is here to help. 🔹 Why This Matters to You: Talent Acquisition and Retention: Broaden your talent pool and retain top employees without restrictive agreements. Compliance and Adaptation: Stay compliant with new regulations and adapt your employment practices effectively. Strategic Workforce Planning: Gain insights into how these changes influence your long-term staffing and business strategies. 🔹 How Our Data Chat Bot Can Help You: Personalized Insights: Ask questions and get tailored information on the FTC ruling and other relevant documents. Understand the New Regulations: Clear explanations on what the FTC’s ban means for your business. Workforce Trends: Stay updated on the job market and employee behavior post-ban. Specific Employer Groups: Learn which employee groups are still affected by related agreements. 🔹 Join the Revolution: Maximize your workforce potential and navigate the FTC’s ban on non-compete clauses with confidence. Our data chatbot guides you every step of the way. Ready to Take the Next Step? ➡️ Access the Data Chat Bot Now:https://lnkd.in/e_hkpNZa

Have 5 minutes to spare? This month's 5 in 5 covers some key developments relating to obligations to record working hours as well as focussing on data privacy. You can also find details of the first of or global expansion and operation webinar series. #employmentlaw #internationalemploymentlaw

Embracing Change in Employment Practices while Safeguarding Data Integrity - Protect your ASSets; in today's world, that is your IP. A little off the usual talking point, I know. Is this exciting news for employees and businesses? I say yes for employees, and heck no for businesses. On April 23, 2024, the US Federal Trade Commission approved a set of regulations, the "Final Rule," signaling a significant shift in the landscape of non-compete agreements within employment contexts. This decision largely prohibits the formation of new non-compete agreements and renders many existing ones unenforceable. It aims to foster greater labor mobility, innovation, and competition, promoting fairer employment practices and empowering employees to explore new opportunities within their fields. Or some we think, I feel this is going to inhibit hiring in highly competitive industries. However, as we embrace this change, it's essential for businesses to adapt their strategies accordingly. With the limitations on non-compete agreements, companies must now prioritize protecting their proprietary data and intellectual property. Particularly in sectors like technology sales, where frequent job changes are common, safeguarding sensitive information becomes paramount. By implementing robust data protection measures and fostering a culture of trust and loyalty, businesses can navigate this transition smoothly while continuing to thrive in a competitive market. Let's embrace this new era of opportunity while ensuring the integrity and security of our valuable assets. #EmployeeEmpowerment #DataProtection #Innovation

🌲 Compliance Bulletin for EEO-1 Reporting 🌲 Did you know that any employer above a certain headcount must report annual employee demographic data to the Equal Employment Opportunity Commission (EEOC)? 🌲 To learn whether your organization meets the reporting criteria, when the deadline is, and how to submit your report, check out this blog post from the OneDigital compliance team: https://bit.ly/4b5nhsd #EEOC #complianceconfidence