Rachel R. Marmor and Emily Bruemmer of Davis Wright Tremaine write:
Attempts by U.S. legislators to address the privacy issues raised by the ongoing COVID-19 pandemic have stalled. But for companies seeking to balance the goals of furthering public health and protecting individuals’ privacy, the European Union is providing policy guidance that may be exportable.
Guidance from the European Data Protection Board (EDPB) has made clear that rights to privacy and to data protection persist, even—or especially—during a pandemic. For public authorities, this means balancing public health concerns against individuals’ rights and freedoms. For private entities, this means conducting screening or requesting that individuals provide health information only when permitted by national or local employment laws.
Read more on the Privacy & Security Law Blog.