Amendment ID: S2608-3

Amendment 3

Employee Consent to Disclosure of Personal Data

Mr. Eldridge, Ms. Kennedy, Ms. Miranda and Messrs. Brady, Gómez, Keenan, Payano and Collins move that the proposed new draft be amended in section 1, in the definition of “affirmative consent”, by adding the following text to the definition:-

“Notwithstanding the definition of affirmative consent, nothing herein diminishes an employer's notice, data privacy and bargaining obligations to its employees under applicable state and federal law. When contracting with a processor or third party, an employer may not consent to disclosure of its employees’ personal data without the employees’ prior express written consent.”