Business Insurance Quotes Michelle Reed on Privacy Concerns as Workers Return to the Workplace

Michelle Reed, co-head of Akin Gump’s cybersecurity, privacy and data protection practice, has been quoted in the Business Insurance article “Employers balance protecting workers’ health, privacy.” The article looks at some of the privacy risks employers may encounter as workers return to the workplace following the COVID-19 pandemic.

One complicating factor, the article says, is the variety of privacy laws. According to Reed, they differ “state by state, county by county, and sometimes city by city,” so the liability risks will vary.

The article says contact apps could be an option for employers to track and identify people who might have been exposed when someone tests positive. Reed said they are “really powerful public health devices and also have very significant countervailing privacy concerns,” although many of the latter may be addressed by obtaining workers’ consent.

Reed suggested that employers create a policy and train their employees on it. “It’s really critical that they consider what information they take and how they maintain it,” she said. “Minimizing the amount of data you collect makes sense,” by, for instance, not collecting any data on those who do not have a high temperature.

Reed said some companies might choose to keep the data on paper, and others on a secure, encrypted laptop. “Obviously, if it’s going to be digital” the information should be encrypted, and if on paper, maintained in a lock box, she said.