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US Outlook: Top Privacy Questions For Businesses Amid New Coronavirus Outbreak

March 18, 2020
Firm Memoranda

Businesses face new legal challenges as a result of the fast-paced spread of the novel coronavirus (COVID-19).  For example, as we have discussed in detail in another memorandum on the topic, businesses must consider tort liability for contributing to its spread.  On the flipside, however, liability also may lie in an invasion of privacy in a business's efforts to curtail the virus's spread.  Privacy rules are not set aside in a pandemic - although they do contemplate changes to a business's obligations in view of a significant risk of substantial harm, including from a severe pandemic virus.   It is more critical than ever to negotiate a proper balance between privacy and safety.  An overcompensation in either direction potentially gives rise to liability.  This memorandum provides context to-and guidance for-some of the most pressing privacy questions currently being asked by businesses.

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If you have any questions about the issues addressed in this memorandum, or if you would like a copy of any of the materials mentioned in it, please do not hesitate to reach out to:

Christopher Kercher
Phone: +1 212 849 7263

Viola Trebicka
Phone: +1 212 443 3243

Michael Zeller
Phone: +1 212 443 3180

Andrew Rossman
Phone: +1 212 849 7282

Bruce Lee
Phone: +1 212 443 3716