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Privacy Issues of Contact Tracing
As more and more businesses throughout the state resume operations after the COVID-19 pandemic shutdown, they face a continuing concern about the virus from customers, employees and vendors who come to their facilities. Many organizations have instituted temperature checks and inquire about symptoms, out-of-state travel, and other issues in an attempt to weed out individuals who might be ill and contagious. State and federal authorities have put forth a variety of guidelines explaining how companies can properly and fairly institute these procedures.
Other steps, most notably masks and social distancing, also can help tamp down transmission of the virus. But one of the most powerful tools available to fight COVID-19 is known as "contact tracing," which has long been used to limit the spread of everything from tuberculosis and measles to HIV and Ebola.
Companies considering whether to suggest, or even to require, contact tracing for employees or others must consider a host of legal issues, including privacy. This article describes contact tracing, focusing on how technology has made it a more powerful weapon against viruses and diseases than ever before. Then, after discussing how privacy concerns are implicated, it will review a bill passed by the New York State legislature with respect to the confidentiality of contact tracing information of individuals who have contracted the virus or who have come in contact with another person with a confirmed or probable diagnosis.
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