COVID-19 and civil liberties

  • 24 March 2020
  • NormanL

Worrying about civil liberties during a pandemic may seem quaint. But with governments increasingly considering policies to more closely track and monitor individuals to prevent the spread of COVID-19, what's permitted and what's off limits are ripe topics for discussion. The Electronic Frontier Foundation has put together a brief paper on the topic that includes several points to consider....particularly for those who are diagnosed with the virus:

...any data collection and digital monitoring of potential carriers of COVID-19 should take into consideration and commit to these principles:

Privacy intrusions must be necessary and proportionate. A program that collects, en masse, identifiable information about people must be scientifically justified and deemed necessary by public health experts for the purpose of containment. And that data processing must be proportionate to the need. For example, maintenance of 10 years of travel history of all people would not be proportionate to the need to contain a disease like COVID-19, which has a two-week incubation period.

Data collection based on science, not bias. Given the global scope of communicable diseases, there is historical precedent for improper government containment efforts driven by bias based on nationality, ethnicity, religion, and race—rather than facts about a particular individual’s actual likelihood of contracting the virus, such as their travel history or contact with potentially infected people. Today, we must ensure that any automated data systems used to contain COVID-19 do not erroneously identify members of specific demographic groups as particularly susceptible to infection.

Expiration. As in other major emergencies in the past, there is a hazard that the data surveillance infrastructure we build to contain COVID-19 may long outlive the crisis it was intended to address. The government and its corporate cooperators must roll back any invasive programs created in the name of public health after crisis has been contained.

Transparency. Any government use of "big data" to track virus spread must be clearly and quickly explained to the public. This includes publication of detailed information about the information being gathered, the retention period for the information, the tools used to process that information, the ways these tools guide public health decisions, and whether these tools have had any positive or negative outcomes.

Due Process. If the government seeks to limit a person’s rights based on this "big data" surveillance (for example, to quarantine them based on the system’s conclusions about their relationships or travel), then the person must have the opportunity to timely and fairly challenge these conclusions and limits.

The paper is worth reading in full as our elected officials, and the bureaucracies they oversee, work to manage the public health crisis.