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In Law360, Ed McNicholas and Kelsey McIntosh Analyze COVID-19 Consumer Data Protection Act

Practices: Data, Privacy & Cybersecurity, Privacy & Cybersecurity Compliance and Counseling, Administrative Litigation

In a Law360 article, privacy & cybersecurity partner and co-leader Ed McNicholas (Washington, D.C.) and associate Kelsey McIntosh (New York) analyzed the COVID-19 Consumer Data Protection Act introduced by Republican U.S. Senators that would impose strict privacy obligations on contact tracing apps operated by entities not subject to the Health Insurance Portability and Accountability Act (HIPAA). 

The authors explain that the privacy bill would obligate entities to obtain express affirmative consent from consumers before using their geolocation, proximity or personal health data. They note that the bill may prevent states from prescribing more privacy-protective measures for personal information used in other contexts during the pandemic, even while leaving personal information exposed to privacy harms.

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