Recognizing the increasing prevalence of data-driven solutions in combatting COVID-19 and the numerous related privacy concerns, on April 21, the EDPB adopted guidelines on the use of location data and contact tracing tools in the context of the COVID-19 outbreak (“Guidelines”).
The Guidelines clarify the conditions and principles for proportionate use of location data and contact tracing tools for two particular purposes: (i) the use of location data to support the response to the pandemic by modelling COVID-19’s spread to calculate the overall effectiveness of confinement measures; and (ii) contact tracing, which aims to notify individuals that they have been in close proximity to an infected individual, to break the contamination links quickly and combat the virus’ spread.
Continue Reading European Guidelines Adopted on Contact Tracing Tools and the Use of Location Data in the Context of the COVID-19 Outbreak
On 5 May 2020, the Information Commissioner’s Office (ICO) published a blog setting out the 
This article appeared in Law360 on May 14, 2020. A group of Republican senators have introduced a new privacy bill that would impose strict privacy obligations on contact tracing apps operated by entities not subject to the Health Insurance Portability and Accountability Act.
Following the limited relaxation of lockdown restrictions by the UK Government and the likely return to the workplace of at least some employees, the UK Information Commissioner’s Office (ICO) has published some helpful guidance for employers on the data protection issues raised by workplace testing for coronavirus.
The use of artificial intelligence and surveillance technology of various kinds is increasingly being used as a weapon in the fight against coronavirus around the world. Recent examples include the use of facial recognition software in Russia to enforce lockdown restrictions, while in France monitoring software has apparently been trialed with a view to using video surveillance cameras once lockdown has been moderated to determine whether citizens are adhering to social distancing rules and wearing masks.
The COVID-19 pandemic has forced organizations to reconsider their working arrangements and how employees interact with both internal and external clients and stakeholders. In the pursuit of maintaining a “business as usual” approach, many UK employers have questioned whether they can continue to effectively monitor their non-furloughed employees’ performance when all but those in essential roles are working remotely.
On March 20, 2020, the Office for Civil Rights at the U.S. Department of Health and Human Services (“OCR”) released guidance in the form of FAQs1 clarifying its notification earlier in the week that it would not penalize health care providers for noncompliance with HIPAA rules in the good faith provision of telehealth during the nationwide COVID-19 public health emergency (the “Notification of Enforcement Discretion” or “Notification”).2