As the United States and other countries gradually ease stay-at-home orders and mandatory lockdowns, data-driven technologies have become increasingly discussed as a potential strategy for tracing and mitigating the further spread of the COVID-19 virus. While these emerging technologies can serve a variety of pandemic response purposes, one use is to automate contact tracing through mobile applications, wearable devices, and other tracking technologies to complement other efforts to safely reopen the economy.

The use of digital contact-tracing solutions within business enterprises raises a variety of privacy, cybersecurity, and employment law issues organizations cannot afford to overlook. This White Paper provides a practical, high-level overview of the digital technologies proposed for contact tracing in the private sector; identifies potential cybersecurity, privacy, and employment law concerns that may arise in connection with deploying these technologies; and summarizes some of the legislative proposals to address these concerns.