General Counsel Should Update Cyber, Data Privacy Policies as Employees Return to Offices
“The best advice is to make sure you have a consistent policy to apply across the board,” Michelle Reed, a partner at Akin Gump Strauss Hauer & Feld in Dallas, said. “If you're consistent, you’re less likely to face regulatory scrutiny. That’s not to say that you won’t be sued, but if you limit the risk you can nip that kind of litigation in the bud."
As states begin the process to open up their economies and employees return to work, general counsel should update their company policies on handling health information if they choose to screen employees and map out what kind of data may be on employees’ personal devices to mitigate the risk of a hack.
In an email to Corporate Counsel, Susanna McDonald, the chief legal officer of the Association of Corporate Counsel in Washington, D.C., said she expects one of the challenges general counsel will face will be “the balance of keeping employee’s health information private, while also notifying other employees if someone in the office tests positive, and if they might have been exposed.”
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