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Exposure Notification Privacy Act: What Companies Should Expect If Passed

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June 10, 2020 | Legal Alert
Krishna Jani & Donna Urban

On Monday, June 1, 2020, federal lawmakers proposed the Exposure Notification Privacy Act (“ENPA”), a piece of bipartisan legislation aimed at protecting consumer privacy and promoting public health in the development of exposure notification technologies as a way to combat the spread of COVID-19. The legislation makes participation in commercial online exposure notification systems voluntary and grants consumers control over their personal data. Moreover, the Act would limit the types of data that may be collected, as well as how that data can be used.

This legislation was introduced on the heels of competing privacy bills proposed by Republicans and Democrats respectively—the “COVID-19 Consumer Data Protect Act of 2020” and the “Public Health Emergency Privacy Act.”

What differentiates the EPNA from the other proposals?

How is this Act similar to the others?

Like the Democratic and Republican proposals, many of the bipartisan proposal’s key requirements are consistent with existing federal or state privacy requirements or norms, including public reporting, posting a clear and conspicuous privacy policy, and maintaining reasonable data security policies and practices.

Takeaways 

This is the third in a series of COVID-related federal data privacy bills meant to tackle the difficulties posed by collecting data to combat the spread of infectious disease with the public’s increasing concerns with the privacy and cybersecurity of their data. 

We will continue to monitor this legislation and provide updates accordingly.

If you have any questions, please feel free to reach out to Donna Urban, Krishna Jani, or any member of Flaster Greenberg’s Telecommunications or Privacy & Data Security Groups. 

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