Employers Balance Coronavirus Disclosure with Privacy

Numerous privacy lawyers tell us they’re seeing a growing number of frantic requests from employers about disclosure protocol related to the coronavirus outbreak. "The question we’re getting all the time [is], ’One of my employees tested positive. What I can do about that, what can I share?’" said Kirk Nahra, chair of WilmerHale’s Cybersecurity and Privacy Group.

Federal labor law requires businesses to provide a safe work environment, so employers may feel it’s necessary to inform others to self-isolate if a coworker has symptoms or tests positive for coronavirus. But if those disclosures contain too much information, the exposed employees may face stigma.

"If you don’t share information, and something bad happens as a result of it, that’s a problem," Nahra said. "If you do share, and you violate a privacy rule, that’s potentially a problem."

... Matt Fisher, a privacy lawyer with Mirick O’Connell, recommends affected employers send a "generalized message about precautions" but "not calling out the individual."