Page 35 - SMRH Eye on Privacy 2019 Year in Review Brochure

First, businesses using AI technology in this way must notify the applicant before the interview that AI may be used. Second, they must explain how the AI works and what “general types” of characteristics it uses to evaluate applicants. Finally, the applicant must consent to the use of AI. Applicants can ask organizations to delete these AI video interviews. Businesses must honor these requests within 30 days and instruct others who received copies to also delete the video.
PUTTING IT INTO PRACTICE: This law represents another example of state-led efforts to regulate new technologies. If your organization does use AI to interview applicants, now is the time to review your processes, including what notification and consent procedures you have in place, as well as your data storage practices.
Washington Enacts Restrictions on Applicant Wage and Salary Questions
Posted on June 10, 2019
Washington State will have new restrictions on what employers can ask applicants regarding their wage and salary history starting July 28, 2019. The new legislation will prohibit employers from seeking wage or salary history from job applicants in the state. Additionally, employers will not be able to require that an applicant’s prior salary history meet certain criteria. There are some limited exceptions to this general rule. First, employer can confirm an applicant’s wage or salary if the applicant has voluntarily disclosed that history. Second, the employer can confirm the information after having negotiated and made an employment offer.
The law gives disclosure rights to an applicant as well. Namely, the applicant can ask the employer for minimum wage or salary information for the position in which the applicant. This is true after the employer has made an offer to the applicant, and if the employer has 15 or more employees.
The passage of this legislation reflects the continued trend to eliminate any wage gap between men and women by prohibiting the use of salary history to determine an employee’s future salary. Over 20 states and local municipalities have enacted salary history inquiry bans in some capacity over the past couple of years.
PUTTING IT INTO PRACTICE: Employers hiring in Washington should take care to review their hiring practices generally, to ensure compliance with these new requirements.
CFTC Allows Certain Dealers and Merchants to Avoid Annual Privacy Notice
Posted on May 8, 2019
Beginning May 28, 2019 certain dealers and merchants will be able to avoid sending out an annual privacy notice, under a revision the Commodity Futures Trading Commission has made to its GLB privacy regulations. Under GLB, financial institutions must send customers annual privacy notices. The law applies to futures commission merchants, commodities trading advisors, commodity pool operators, and introducing brokers through regulations enforced by the CFTC. The CFTC, unlike other regulators that enforce GLB, had not prior to this amendment permitted regulated entities to avoid an annual notice. Other regulators had done so, pursuant to a 2015 amendment to GLB, in certain proscribed circumstances.
Now, as with other regulators, the CFTC will allow covered entities to avoid sending an annual notice provided that the covered entities share nonpublic personal information only in limited circumstances and have not changed their privacy practices since the last-sent privacy notice. The circumstances in which a covered entity can share nonpublic
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