The Atlanta Lawyer June/July 2020 Vol. 19, No. 1 | Page 20
IN THE PROFESSION
Privacy and
Contact Tracing
Modern Privacy Standards in the Age of a Pandemic:
How Businesses Can be Prepared
STEPHEN V. BUSH
Bodker, Ramsey, Andrews, Winograd & Wildstein, PC
[email protected]
HEATHER K. PECK
PrimeRevenue, Inc.
[email protected]
We have all heard the term, but what
exactly is contact tracing? In its simplest
terms, contact tracing is the process of
tracking the spread of a virus, finding
new cases of infections by examining a
person’s close contacts, and informing
those contacts, who may not already be
infected, to take necessary precautions
with the intent of getting ahead of the virus’
spread. This is accomplished through the
identification, monitoring, and support
of individuals (contacts) who have been
exposed to a patient with a communicable
disease. Traditionally, public health staff
manually work with patients to generate a
list of everyone with whom s/he has had
a close contact during the time when they
may have been infectious, with the goal of
arresting the spread of the disease.
In an age where electronics are used to
manage the personal and professional
aspects of a person’s life, there is no doubt
that the most efficient and thorough
method of identifying and implementing
contact tracing measures is through a
person’s mobile device. But what sort of
concerns arise when the most efficient way
to monitor a person’s possible contacts, and
gather information that may help predict
and prevent future outbreaks, involves the
voluntary sharing of personal data that
many people hesitate to share with the
government or third parties? What sorts of
protections are (or should be) implemented
by those companies and government
agencies collecting the data? What do
employers need to know in order to protect
their workers while respecting the rights of
those same individuals?
Contact Tracing in the 21st Century
According to the US Centers for Disease
Control and Prevention (CDC), a close
contact is defined as “any individual who
was within 6 feet of an infected person for
at least 15 minutes starting from 48 hours
before the person began feeling sick until the
time the patient is isolated.”1 Public health
staff then engage in the actual tracing of the
contacts, which involves notifying those
contacts of the infected individual who
have possibly been exposed due to their
possible exposure to the original patient.
Benefits of contact tracing, especially in
the context of the use of electronic devices,
are the ability to automatically alert public
health authorities, the ability to provide
users with information about testing and
self-quarantining, and the ability to more
accurately and thoroughly map the overall
spread of a disease, highlighting any
consistent trends exhibited by the general
population on both a macro and micro
scale.
To best accomplish this, a number of public
health authorities have begun initiatives
focused on building applications (apps) that
20 June/July 2020