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1 1 (June 22, 2020)

handle is hein.crs/govebap0001 and id is 1 raw text is: Congressional * Research Service IIENS Tracing Papers: A Comparison of COVID-19 Data Privacy Bills June 22, 2020 As COVID-19 continues to spread, many public health authorities are turning to contact tracing- measures to identify, notify, and monitor infected individuals' contacts-to track potential COVID-19 exposure. Along with conventional techniques, technology companies, including Google and Apple, are developing digital contact-tracing and exposure notification tools. In addition, Congress has appropriated emergency funds to help facilitate contact-tracing efforts. But the idea of using personal information- including cell phone and location data-to track COVID-19 exposure has prompted groups such as the ACLU to raise privacy concerns and call for the protection of individuals' privacy and anonymity. In response, Members of Congress have introduced four data privacy bills addressing digital contact- tracing and exposure notification: the COVID-19 Consumer Data Protection Act of 2020 (CCDPA), S. 3663, introduced by Senators Roger Wicker, John Thune, Jerry Moran, Marsha Blackburn, and Deb Fischer on May 7, 2020; the Public Health Emergency Privacy Act (PHEPA), companion bills S. 3749 and H.R. 6866, introduced, respectively, by Senators Richard Blumenthal and Mark Warner and Representatives Anna Eshoo, Janice Schakowsky, Suzan DelBene, Yvette Clarke, G.K. Butterfield, and Tony Cardenas on May 14, 2020; and the Exposure Notification Privacy Act (ENPA), S. 3861, introduced by Senators Maria Cantwell and Bill Cassidy on June 1, 2020. This Sidebar describes the main components of each bill and examines key differences among the proposals before identifying several issues for Congress. For a general background on contact-tracing technology, see CRS In Focus IF11559, Digital Contact Tracing Technology: Overview and Considerations for Implementation, by Patricia Moloney Figliola. For a discussion of Congress's authority to regulate the privacy of state-collected contact-tracing data, see CRS Legal Sidebar LSB10502, Constitutional Authority to Regulate the Privacy of State-Collected Contact-Tracing Data, by Edward C. Liu. For an overview of existing federal privacy laws, see CRS Report R45631, Data Protection Law: An Overview, by Stephen P. Mulligan and Chris D. Linebaugh. For a comparison of general data privacy legislation in the 116th Congress, see CRS Legal Sidebar LSB 10441, Watching the Watchers: A Comparison of Privacy Bills in the 116th Congress, by Jonathan M. Gaffney. Congressional Research Service https://crsreports.congress.gov LSB10501 CRS Legal Sidebar Prepared for Members and Committees of Congress

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