Check whether an employee-information exemption still covers a planned use
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record the planned use, the categories of staff information, and whether the client is described as a business. Write no conclusion.
- What the lawyer must review
- The Attorney General states that the statutory exemptions for employment-related personal information and for personal information reflecting business-to-business transactions, described in Civil Code section 1798.145(m) and (n), expired on 31 December 2022. An expired exemption does not cover a planned use of staff information. Section 1798.100 still requires notice at collection and a purpose that is reasonably necessary and proportionate, where the employer is a business under the Act. You decide whether this client is a business and whether another statute, which was not opened here, limits the use. Opinion 512 and Model Rule 1.6 apply to the staff file.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.