Over the years, Congress has put forth various legislative proposals regarding data privacy.  None of the past legislation received the support necessary to enable passage of a comprehensive national data privacy law. However, data collection and analysis is becoming a key weapon in the fight against COVID-19 as companies and governments have sought to come up with effective and socially distant ways to keep close tabs on people’s health status and movements.  These methods often involve using technology to collect vital but potentially sensitive health and location information. 

As states begin to reopen and businesses that were shuttered for some time plan for a return to work, many employers are faced with the challenge of determining how best to create a safe work environment for employees. In order to enforce social distancing requirements and ensure that employees maintain a safe distance from one another in the workplace, some employers have considered the use of wearable technology.