Page 5 - Delaware Lawyer - Spring 2020

EDITORS’ NOTE
Larry Drexler and Jerry Grant
and hence trace potential exposure to the virus. Could it be- come the basis for litigation arising from the exposure to CO- VID-19? What if location data were added; could this be used as a criminal investigative tool, or as evidence in a divorce?
Finally, I would look for an article exploring the efficacy of the Health Insurance Portability and Accountability Act (HIPAA) privacy rule. Was HIPAA a help or hindrance in the pandemic?
All this is not to diminish the tremendous work within these pages, which was submitted to us before the pandemic began. Thanks to our authors and their provocative articles. Most importantly, thanks to Jerry Grant for his work as my co-editor. He is the engine that drove this issue.
Larry Drexler
In ordinary times, this space is dedicated to handing bou- quets to our authors and extolling the virtues of the articles within, and whilst that is merited, these are not ordinary times. I have been working from home and social distancing for a month.
Allow me to ponder what a Data Privacy issue would look like if we were looking for articles today. The theme would ex- plore the tension created by COVID-19 between public safety and privacy.
I would solicit an article on the issues arising from the gov- ernment’s use of cell phone data to monitor the movement of its citizens to track the spread of COVID-19, as is presently being done in Europe and Asia. Newsweek reports that phone data has been used in a private study to anonymously track attendees at a single Florida beach during spring break, and where they went after the break.
The second article would examine the privacy implications of the technology announced by Apple and Google that per- mits a phone to log onto other phones near it, thereby creat- ing a record of all the phone IDs in proximity to the owner,
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SPRING 2020 DELAWARE LAWYER 3