Disclosure of employee data collected

(a) In general An employer shall disclose, in accordance with subsections (b) and (c), to each covered individual and publish in a manner that is conspicuous, freely accessible, and readily available for viewing by any such covered individual of the employer (including on the internet in a manner that is freely accessible and machine readable (in a form prescribed by the Secretary))— (1) any employee data collected on the covered individual by the employer, including— (A) what employee data are being collected; (B) how the employee data are being collected; (C) where and when the employee data are being collected; (D) the frequency of the employee data collection; (E) where the employee data is stored; (F) who has access to the employee data; (G) the purposes for which the employee data are being collected and used; and (H) as applicable, the identity of any third party or service provider— (i) used for such employee data collection; (ii) to which employee data is transferred; and (iii) from which employee data of the covered individual is or may be purchased or acquired; and (2) how such employee data affects work-related decisions by the employer, including with regard to the assessment of the performance and productivity of the covered individual. (b) Timing of disclosure (1) Initial disclosure An employer shall provide the disclosure required under subsection (a) as follows: (A) Covered individuals other than applicants With respect to covered individuals other than applicants, in the case of— (i) such a covered individual hired by the employer on or after the effective date of this section, to the covered individual upon hiring the covered individual; or (ii) such a covered individual who is employed by, or otherwise performing work for remuneration for, the employer on such effective date but was hired before such effective date, to the covered individual not later than 30 days after such effective date. (B) Applicants With respect to a covered individual who is an applicant on or after the effective date of this section, to such an applicant before the employer accepts an application by the applicant to be employed by, or otherwise perform work for remuneration for, the employer. (2) Updated disclosures With respect to a covered individual who received a disclosure under paragraph (1)(A) by an employer or a covered individual who received a disclosure under paragraph (1)(B) by an employer and is still in the applicant process, the employer shall provide an updated disclosure to the covered individual— (A) not less than 7 days before implementing changes to practices disclosed in the disclosure; or (B) immediately upon any new information required to be provided in such a disclosure becoming available. (c) Procedures for disclosure An employer shall provide the disclosure required under subsection (a) in a manner required by the Administrator that is— (1) accessible to people with disabilities; (2) in plain language and in the primary language of the covered individual provided the disclosure; (3) in writing and available electronically; (4) tailored to the purpose of the disclosure; (5) tailored to the job functions of the covered individual; and (6) tailored to the level of risk. (d) Effective date This section shall take effect on the date that is 60 days after the date of enactment of this Act.