Assessing Health Data Privacy Damages During A Pandemic

The authors discuss how increased telehealth and contact tracing could open the door to class actions related to data privacy and data breaches.

The COVID-19 pandemic, which has generated a surge in telehealth and introduced the concept of contact tracing into our daily lives, is likely to expose businesses and governments to an increased risk of data privacy and data breach class actions related to health and other personal data.

In this article, the authors discuss potential economic approaches and challenges to valuing, in class action settings, alleged unconsented use or misappropriation of health and other private data generated during this health crisis.

This article was originally published by Law360 in September 2020.

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