CAOn August 13, two California contact tracing bills, AB-660 and AB-1782, were approved by the California Senate Judiciary Committee.  These bills would affect how public agencies can collect, store and disclose personal information that is used to facilitate COVID-19 contact tracing.

  • If enacted, AB-660 would prohibit any use or disclosure of data collected for purposes of contact tracing other than further contact tracing efforts.
  • If enacted, AB-1782 would require businesses using or providing contact tracing technologies to provide individuals with the right to consent, access, correct, and delete personal information about them, and to carry out other measures regarding use, security. and maintenance of the data.

Continue Reading California Contact Tracing Bills Approved by State Judiciary Committee

Article29Latin American privacy laws may pose special challenges for businesses considering when and how to reopen their facilities during the coronavirus pandemic.  As elsewhere, many companies operating in Latin America may decide to screen employees for their COVID-19 risk-levels before allowing them to enter a shared workspace.  Already in place in many European and Asian countries, screening options primarily involve contact tracing or temperature checks. As they focus on health and safety, however, companies should also bear in mind a potentially competing interest: protecting employees’ privacy.
Continue Reading Returning to the Office – Data Privacy Concerns for Companies in Latin America

Cyber SecurityIn addition to the adoption by the European Data Protection Board (“EDPB”) of Guidelines on the use of location data and contact tracing tools in the context of the COVID-19 outbreak, various other European guidance regarding the use of data and technology in connection with COVID-19 has also been published.
Continue Reading COVID-19 Contact Tracing Apps Essential Requirements and Best Practices

On April 21, the European Data Protection Board (“EDPB”) released guidelines on the processing of data concerning health for the purpose of scientific research in the context of the COVID-19 outbreak (“Guidelines”).

The Guidelines note that the GDPR includes various provisions which permit health data to be collected and processed for scientific research purposes connected with COVID-19 and also envisages specific derogations to the prohibition on processing certain special categories of personal data, such as health data, where necessary for scientific research purposes.
Continue Reading European Guidelines Adopted on Health Data Processed in the Context of the Covid-19 Outbreak

Article29Recognizing 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

BillThis 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.

Most notably, the COVID-19 Consumer Data Protection Act would obligate such entities to obtain express affirmative consent from individual consumers before using their geolocation, proximity or personal health data.
Continue Reading Pandemic-Related Privacy Bill May Be Unconstitutional

BillA 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 HIPAA. Most notably, the COVID-19 Consumer Data Protection Act of 2020 would obligate such entities to obtain express affirmative consent from individual consumers before using their geolocation, proximity, or personal health data.
Continue Reading Pandemic Privacy: Republican Senators Announce Plan to Introduce COVID-19 Consumer Data Protection Act of 2020

The recent novel coronavirus (COVID-19) outbreak has caused significant disruption to the global economy, and it has the potential to create a lasting impact on the business operations of companies worldwide.  We are advising our clients on several legal issues related to the situation, including workplace safety, data protection and business continuity, supply-chain disruption and more, as well as offering counsel in connection to specific challenges faced in various industries.

This list of frequently asked questions and answers provides some initial guidance on how to navigate and mitigate the challenges posed by events related to the coronavirus.Continue Reading COVID-19 FAQs