Immunity passports and contact tracing surveillance
Data-driven contact tracing and immunity certification is being used for the first time in history. This Article assesses these apps’ risk and tradeoffs from a private and regulatory law perspective with special attention to privacy and inequality. The Article begins by developing a surveillance-bas...
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Format: | Journal article |
Language: | English |
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Stanford Law School
2021
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author | Cofone, IC |
author_facet | Cofone, IC |
author_sort | Cofone, IC |
collection | OXFORD |
description | Data-driven contact tracing and immunity certification is being used for the first time in history. This Article assesses these apps’ risk and tradeoffs from a private and regulatory law perspective with special attention to privacy and inequality. The Article begins by developing a surveillance-based taxonomy of contact tracing apps and immunity passports. Next, it demonstrates how these apps magnify the problems and limits of consent and anonymization, two important privacy guarantees. It then explores how the interplay of trust and error can pose threats to efficacy, how they raise issues of liability, and how to address them. It then discusses the prospect that these apps cause discrimination and magnify existing inequalities. Underpinning the aforementioned considerations is a balancing assessment that aims to guide policymakers, judges, employers, and individuals in making difficult containment decisions. |
first_indexed | 2025-02-19T04:37:15Z |
format | Journal article |
id | oxford-uuid:febf7979-15a7-4b1e-9b92-69925a3f7c7e |
institution | University of Oxford |
language | English |
last_indexed | 2025-02-19T04:37:15Z |
publishDate | 2021 |
publisher | Stanford Law School |
record_format | dspace |
spelling | oxford-uuid:febf7979-15a7-4b1e-9b92-69925a3f7c7e2025-01-30T14:44:40ZImmunity passports and contact tracing surveillanceJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:febf7979-15a7-4b1e-9b92-69925a3f7c7eEnglishSymplectic ElementsStanford Law School2021Cofone, ICData-driven contact tracing and immunity certification is being used for the first time in history. This Article assesses these apps’ risk and tradeoffs from a private and regulatory law perspective with special attention to privacy and inequality. The Article begins by developing a surveillance-based taxonomy of contact tracing apps and immunity passports. Next, it demonstrates how these apps magnify the problems and limits of consent and anonymization, two important privacy guarantees. It then explores how the interplay of trust and error can pose threats to efficacy, how they raise issues of liability, and how to address them. It then discusses the prospect that these apps cause discrimination and magnify existing inequalities. Underpinning the aforementioned considerations is a balancing assessment that aims to guide policymakers, judges, employers, and individuals in making difficult containment decisions. |
spellingShingle | Cofone, IC Immunity passports and contact tracing surveillance |
title | Immunity passports and contact tracing surveillance |
title_full | Immunity passports and contact tracing surveillance |
title_fullStr | Immunity passports and contact tracing surveillance |
title_full_unstemmed | Immunity passports and contact tracing surveillance |
title_short | Immunity passports and contact tracing surveillance |
title_sort | immunity passports and contact tracing surveillance |
work_keys_str_mv | AT cofoneic immunitypassportsandcontacttracingsurveillance |