Sidley associate Michael R. Roberts is the author of “Mobile Technologies and COVID-19: A Primer on Fighting the Virus with Cell Phones,” an article published in the Fall 2020 issue of Infrastructure, a quarterly publication of the American Bar Association’s Infrastructure and Regulated Industries Section. The article was also featured on the American Bar Association’s website homepage.
The article provides a primer on key privacy considerations and issues in order to assist businesses considering whether to develop or use mobile technologies to fight COVID-19. It first outlines the main ways governments and businesses might use mobile technologies to fight the virus and the potential applicability of current laws to these uses. The article then details how those laws might change as legislatures and regulators address the novel privacy and civil liberties issues raised by COVID-19. Finally, the article offers a checklist to capture important data privacy and security legal considerations relevant to the use of mobile technologies to combat COVID-19.