How to Facilitate a Privacy Compliant Return to Work: Contact Tracing and Fund Manager Considerations (Part Three of Three)

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).

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