Tanenbaum Keale LLP associate Kelly A. Belnick and Chief Technologist Kenneth E. Jones were recently published by Law360 on industry-related privacy considerations for contract tracing apps as businesses across the country begin returning to work from COVID-19 quarantine.

“In the context of contact tracing, the current pandemic is a stark reminder that this country lacks national comprehensive data privacy protection and that state-level regulation is sparse,” they write.

They continue by adding, “Employer electronic data collection is not new. It is standard practice for businesses to maintain automated logs that collect information on all data interactions and communications. This is especially true in the legal industry.”

Belnick and Jones conclude that companies need to proactively consider whether or not instituting a contact tracing app is a viable option for their organization. If so, then it should be implemented in a manner that strikes a balance between privacy and employee/employer based health and operational concerns.