Our lives have been upended the last few weeks as we deal with the sad, and too often, tragic consequences from the Covid-19/Coronavirus pandemic. Aside from worrying about family members, I have been thinking about privacy, what it is, and how, it too, has been turned upside down. Situations that we considered to be private have become public and vice versa. I tried to amuse myself by playing a game I called “Private or not Private?” Alas, there were no answers. So instead, I offer a few observations and tips on online meetings and work from home concerns, social interactions, regulatory matters, and my best wishes for health and happiness.
Online Meetings
Until recently, working from home was private. I could wear what I wanted and not worry about what others might learn about me. Now, with the growth of online meetings, and even TV reporters providing updates from their homes, we have visuals of the inside of previously private spaces, such as kitchens, dining rooms, basements, and home offices. Interestingly, almost everyone, including me, has a bookcase in the background. Who knew?
This change increases risks for personal privacy and confidentiality of information. You may have heard about the person who took a work call in the bathroom without realizing that the video was on! But also, unfortunately, there have been situations in which senior leaders and others have shared confidential business information sitting on physical desks and computer screens, much to the consternation of privacy professionals and company lawyers. All of us should make sure to clear our physical work-spaces and computer desktops before turning on the camera or sharing a screen in a meeting.
As the lines between work and home lives are blurred, I have also observed oversharing of information. For example, at the outset of a privacy-focused webinar, the moderator introduced each speaker, noting their office location and the town in which their home office was located. This effort to humanize the speakers provided an opportunity for participants to conduct quick internet searches which could reveal addresses, household members, and home values! Remember to share only need-to-know information.
Other Work from Home issues
For a number of years, companies have struggled with work-from-home and mobile device policies designed to protect privacy and the security of information. Who should be allowed to work remotely? How often? Should we require company-owned phones or allow employees to use their own devices? How can we track and remotely wipe missing devices? What training should we require? What safeguards should we impose? The list goes on. Despite all these efforts, many employees have been suddenly forced to work remotely without proper training or technology safeguards. A quick refresher on security safeguards and company policies should be sent to all employees.
Working from home in close quarters raises new privacy concerns, which are especially high in regulated industries such as financial services and healthcare, and in any situation in which confidential business information or trade secrets are discussed. There are reports of therapists and patients seeking out the privacy of their cars in order to have private conversations away from family members, and more tragically, victims of domestic abuse cannot find a private place to be safe and/or discuss issues. And in a new twist, concerns have been raised that smart speakers and home assistants such as Google Home and Echo/Alexa) are listening in on and recording conversations. With the constant news alerts and fear in our hearts, it is easy to be distracted and forget these basic tips:
Be careful when discussing confidential information. Consider who may be listening to your calls, what may be inadvertently captured through a family member’s phone call on the other side of the room.
Don’t forget about your online home assistant. Review your device settings, consider disabling them or keeping them away from your work area. Note that you can also delete recorded information.
Store any paper containing confidential information under lock and key and discard it securely by shredding. None of us knows whether we may become ill and unable to work. Don’t leave confidential information on your desk.
Do not allow others to use company laptops. Lock the screen or shut it off when you walk away.
Watch out for an increasing number of phishing attacks. Criminals will exploit the current situation with fake emails about coronavirus and other relevant topics. Watch out for subject lines with a sense of urgency or quick cures.
Report lost information or anything suspicious to your employer to reduce the harm that a breach might cause.
Family, Home Life and other Social Interactions
Years ago, before the digital era, work life and private life were completely separate. When I returned to work after my son was born, I felt like Superman (or Superwomen); not for my remarkable powers, but because I popped into a virtual phone booth to change from my suit and heels to jeans and sneakers and completely changed my role and responsibilities from lawyer to mom. With the rise of, technology, social media, (and casual clothing) life has changed tremendously and, before the virus, many were focused on ways to limit work’s intrusion into our personal lives. France, in fact, prohibited business emails after certain hours. Now however, we have entered into a new realm. Some have remarked that they finally know what their spouses do all day at work.
These challenges are especially tough for those working at home with children. Do you remember, not that long ago, when work colleagues shared carefully chosen photos of their children on their desks and on their phones? Now, children (and pets) make their unscripted, on-screen debuts right before our very eyes. And of course, what does it mean to be a stay-at-home dad, when mom is working from home?
And how does this affect the next generation? Many children now live in private bubbles with social contacts only through virtual chats and social media posts. (So much for limiting screen time!) In these days, of social distancing, the pressure and desire parents may feel to share photos is exploding. But we all must respect the privacy rights of our youngest generation and share carefully on limited sites and to limited audiences. Just imagine applying for your first job and finding that your silly baby photos are available for all to see. (There are other more serious risks that are beyond the scope of this blog.)
Times are also tough for our elderly relatives who are forced to be alone with too much privacy. On the positive side, we have family video get-togethers which allow us to see and celebrate happy occasions with family near and far. I have seen and said hello to neighbors who are out in public more than usual. Strange times indeed!
Regulatory Issues and Other Changes
In order to deal with the crisis, regulatory bodies have relaxed rules that were thought to protect privacy. Many of these are the subject of online legal and privacy discussions and webinars. In the healthcare industry, the growth in telehealth opportunities is enormous as the government has relaxed certain privacy and payment-related requirements in order to allow communications with providers. In addition, for now, there will be no enforcement of selected administrative and information sharing provisions of the HIPAA Privacy Rule which has been in effect since 2001. Talk about the privacy world being turned upside down! It will be interesting to see how these changes play out in the future.
What else is keeping me and other privacy professionals up at night? (Just joking, worrying about everyone’s health is enough to keep me up.)
Can employers check employees’ temperature before they come into work? What implications will this have for hiring in the future? Can my employer monitor my online activity?
Should we use phone data to track the spread of the virus and alert people who may be at risk? What are the implications after the data is collected? Can it be used for marketing?
What new and different data is now collected based on my work from home and stay-at-home life? How have my streaming habits changed?
What information is collected when I search for symptoms? What is collected in health apps and other connected apps including thermometers?
Am I using a safe video sharing platform and why is it free?
Stay tuned and stay well!