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Class Actions Involving Health Data in the Wake of COVID-19


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Assessing Damages in Data Privacy and Data Breach Class Actions Involving Health Data in the Wake of COVID-19
Monday, March 15, 2021
The COVID-19 pandemic, which has generated a surge in telehealth and introduced the concept of contact tracing into our daily lives, is likely to expose businesses and governments to an increased risk of data privacy and data breach class actions related to health and other personal data. This article discusses potential economic approaches and challenges to valuing, in class action settings, alleged unconsented use or misappropriation of health and other private data generated during this health crisis.
Class action litigation related to data privacy and data breaches in the healthcare industry is expected to trend upward in the COVID-19 era ....

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Jeannie Suk Gersen of Harvard Law School, profiled by Lydialyle Gibson


Photograph by Stu Rosner
As recently as 10 years ago, Jeannie Suk Gersen was still telling people that the area of law she specialized in sexual assault and domestic violence didn’t hold much interest for the general public. A quiet corner of the profession, she thought. Remembering that now, she laughs. “But, you know,” she adds, “every area of law does end up moving into focus. Because, in the end, law is really about every aspect of our lives.”
Which is partly why Gersen, J.D. ’02, has always taken it so seriously. “Words don’t just describe things,” she explains. In the law, “words actually do things.” So it’s important to get those words right, to reach as close as one can to the truth. ....

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