Pandemic Surveillance Discrimination
14 Pages Posted: 27 Oct 2021
Date Written: 2021
Abstract
The COVID-19 pandemic has laid bare the abiding tension between surveillance and privacy. Public health epidemiology has long utilized a variety of surveillance methods—such as contact tracing, quarantines, and mandatory reporting laws—to control the spread of disease during past epidemics and pandemics. Officials have typically justified the resulting intrusions on privacy as necessary for the greater public good by helping to stave off larger health crisis. The nature and scope of public health surveillance in the battle against COVID-19, however, has significantly changed with the advent of new technologies. Digital surveillance tools, often embedded in wearable technology, have greatly increased the ability of governments and private corporations to monitor large sections of society while collecting massive amounts of personally identifiable data from millions of persons around the world—often with little to no regulatory oversight (or legal limits) on how that information may be later used. Surveillance responses to public health crises have also historically, disproportionately, targeted racialized communities, leading to a normalization of both racial discrimination and inequality. The world certainly must use all means to end the devastating COVID-19 pandemic. We also need to be careful, however, to not undermine individual privacy rights or engage in racialized responses to the current crisis. This Essay examines the discord between public health surveillance and privacy rights and argues that the bio-surveillance technologies being used to respond to the COVID-19 pandemic—such as contact tracing apps, GPS ankle monitors and other wearables, the collection of cell phone location data, genomic testing, and targeted quarantines—can potentially exacerbate discrimination against racial minorities and immigrants. The Essay concludes with legal and policy solutions on how to utilize public health surveillance tools to prevent the spread of COVID-19 while guarding against privacy violations and racial bias.
Keywords: public health, COVID-19 pandemic, surveillance technologies, electronic surveillance, privacy, racial discrimination, inequality
JEL Classification: K19, K23, K29, K32, K31, K37, K4, K42
Suggested Citation: Suggested Citation
Christian Sundquist (Contact Author)

University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States
Do you have a job opening that you would like to promote on SSRN?
Related eJournals
-
University of Pittsburgh School of Law Legal Studies Research Paper Series
University of Pittsburgh School of Law Legal Studies Research Paper Series
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS4,940PAPERS981This Journal is curated by:Deborah L. Brake at University of Pittsburgh - School of Law -
U.S. Constitutional Law: Rights & Liberties eJournal
U.S. Constitutional Law: Rights & Liberties eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS2,127PAPERS15,044This Journal is curated by:Matthew D. Adler at Duke University School of Law, Brian Bix at University of Minnesota Law School -
Discrimination, Law & Justice eJournal
Discrimination, Law & Justice eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,245PAPERS17,208This Journal is curated by:Francisco Valdes at University of Miami - School of Law -
Law & Society: Public Law - Constitutional Law eJournal
Law & Society: Public Law - Constitutional Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS987PAPERS24,284This Journal is curated by:Steve Sanders at Indiana University Maurer School of Law -
Law & Society: Public Law - Crime, Criminal Law, & Punishment eJournal
Law & Society: Public Law - Crime, Criminal Law, & Punishment eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS866PAPERS17,210This Journal is curated by:Jessica Eaglin at Indiana University Maurer School of Law -
Public Health Law & Policy eJournal
Public Health Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS842PAPERS8,629This Journal is curated by:Scott Burris at Center for Public Health Law Research, Temple University - James E. Beasley School of Law -
Coronavirus eJournal
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS829PAPERS16,225 -
Cultural Anthropology eJournal
Cultural Anthropology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS642PAPERS38,409 -
Information Privacy Law eJournal
Information Privacy Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS453PAPERS7,636This Journal is curated by:Daniel J. Solove at George Washington University Law School, Chris Jay Hoofnagle at University of California, Berkeley - School of Law -
Risk, Regulation, & Policy eJournal
Risk, Regulation, & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS360PAPERS5,363This Journal is curated by:Adam M. Finkel at University of Michigan School of Public Health, Alberto Alemanno at HEC Paris -
Medical Anthropology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS279PAPERS5,809 -
Law Enforcement eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS206PAPERS2,492 -
Correlates of Crime eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS193PAPERS2,195 -
Social & Personality Psychology eJournal
Social & Personality Psychology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS140PAPERS12,650 -
Public Health eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS92PAPERS6,577 -
Psychology Research Methods eJournal
Psychology Research Methods eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS79PAPERS6,034 -
Climate & Environmental Psychology eJournal
Climate & Environmental Psychology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS66PAPERS7,373 -
Political Economy - Development: Health eJournal
Political Economy - Development: Health eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS55PAPERS14,534 -
Public Health Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS45PAPERS2,169 -
Global Public Health eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS44PAPERS3,296 -
Epidemiology of Human Health & Disease eJournal
Epidemiology of Human Health & Disease eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS39PAPERS2,129 -
Social Determinants of Public Health eJournal
Social Determinants of Public Health eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS37PAPERS971 -
Medical Sociology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS31PAPERS2,483 -
Technology & Innovation in Public Health eJournal
Technology & Innovation in Public Health eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS30PAPERS673 -
Environmental Engineering & Technology eJournal
Environmental Engineering & Technology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS20PAPERS2,927