Fund managers and other organizations are evaluating whether they can safely bring employees back to the workplace after the recent coronavirus-related shutdowns, and some are considering a form of contact tracing to track the potential spread and contact points for employee illness and exposure. This third article in our three-part series focuses on contact tracing, including challenges and considerations for rolling out the technology; addresses how to ensure an overall return to work plan is effective; and outlines the effect of privacy issues on hedge fund managers. The first article
examined the relevant laws and guidance; ways fund managers can balance competing interests of safety and privacy; and anticipated U.S. regulatory considerations. The second article
detailed how fund managers could facilitate a privacy compliant return to work; provided practical advice from various in-house and outside privacy counsel on protocols for identifying and responding to symptomatic or sick employees; and included six considerations to assist fund managers with developing a privacy compliant policy. For more on contact tracing, see “The Current State and Future of AI Regulation
” (May 14, 2020).