COVID-19 and Digital Contact Tracing: Regulating the Future of Public Health Surveillance

61 Pages Posted: 22 Nov 2020 Last revised: 4 Feb 2021

See all articles by Divya Ramjee

Divya Ramjee

American University (Washington, DC)

Pollyanna Sanderson

Future of Privacy Forum

Imran Malek

Boston University - Boston University School of Law; Skadden, Arps, Slate, Meagher & Flom LLP

Date Written: September 18, 2020

Abstract

Digital surveillance tools⎼⎼technological means of monitoring, tracking, and notifying⎼⎼are at the forefront of public health response strategies for the COVID-19 pandemic. Comprehensive and effective digital public health surveillance requires that public health authorities, regulatory powers, and developers consider interdisciplinary approaches. This entails accounting for the use of tracking technologies and location and proximity data; notification systems from tech companies; and laws and regulations associated with health information, biometric privacy, and mobile data. Of particular importance is incorporation of epidemiological considerations in development and implementation of digital tools, including usability across mobile devices, interoperability, regulation of literacy and disability compatibility, and incentivization for adoption. It is both feasible and prudent that the United States establish a federal network for public health surveillance aided by digital tools, especially considering that waves of COVID-19 are expected to continue well into 2021 and while the threat of other emerging infectious diseases persists.

Keywords: COVID-19, contact tracing, exposure notification, contact tracing apps, apps, digital surveillance, surveillance, public health, privacy, security, data privacy, pandemic

Suggested Citation

Ramjee, Divya and Sanderson, Pollyanna and Malek, Imran, COVID-19 and Digital Contact Tracing: Regulating the Future of Public Health Surveillance (September 18, 2020). Cardozo Law Review, 2021, Available at SSRN: https://ssrn.com/abstract=3733071 or http://dx.doi.org/10.2139/ssrn.3733071

Divya Ramjee (Contact Author)

American University (Washington, DC) ( email )

4400 Massachusetts Ave, NW
Washington, DC 20016
United States

Pollyanna Sanderson

Future of Privacy Forum ( email )

United States
05713355779 (Phone)
20005 (Fax)

Imran Malek

Boston University - Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Skadden, Arps, Slate, Meagher & Flom LLP ( email )

1440 New York Avenue
Washington, DC 20005
United States

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