CalPrivacy First Sectoral Audit: Gig Platforms

CalPrivacy recently announced the launch of its first sectoral audit, focused on gig workers. The focus of this first sectoral sweep, it stated, was to determine if gig platforms are respecting workers’ rights of access and control over personal information. As a reminder, California’s comprehensive privacy law is the only one with protections that extend to workers.

CalPrivacy, in announcing this focus, noted that these platforms collect extensive information from gig workers. This includes things like precise geolocation and biometric information. And, that it uses algorithmic systems to make “consequential decisions.” These, as those who have been following US state privacy laws know, are areas of concern for legislators. 

According to the announcement, CalPrivacy will examine several things, including:

1. If workers are being given enough information to meaningfully exercise rights;
2. If the platforms are honoring access requests within the 45-day statutory window and whether the responses are complete; and
3. Whether platforms, in response to requests, give people information in a usable way;

The outcome of the audit could include enforcement, as well as trend reporting and recommended “strong” practices. 

Putting It Into Practice: Even if you do not operate a platform with gig workers, the focus of CalPrivacy’s audit can inform areas of focus in your compliance efforts. These include whether can meaningfully exercise CCPA-rights, and what data sits behind algorithmic decisions regulated by CCPA.