Workplace surveillance tools.

Senator Smallwood-Cuevas's workplace surveillance legislation would establish new reporting requirements for California employers who use electronic monitoring tools to collect worker and consumer data. The measure creates an annual disclosure system through the Department of Industrial Relations for tracking the deployment of surveillance technology in workplaces across the state.

Under the proposed requirements, employers must submit detailed notices about their use of surveillance tools, including information about the technology vendors, data collection capabilities, and whether workers and consumers can opt out of monitoring. The notices must specify which entities have access to collected personal information and whether affected individuals have been informed about the surveillance. Basic IT security tools like spam filters and antivirus software are exempt from the reporting mandate. Employers using surveillance tools before January 2026 would need to file their initial reports by February 1, 2026.

The Department of Industrial Relations would make all employer surveillance notices publicly available on its website within 30 days of receipt. The reporting requirements would apply broadly across California's economy, covering private employers, state and local government agencies, school districts, and labor contractors. The measure defines workplace surveillance tools as any system that collects personal information about workers' activities, communications, biometrics or behaviors through automated means rather than direct human observation.