A UN expert on the right to privacy said widespread use of contact tracing technology to fight the COVID-19 pandemic has led to almost incessant and omnipresent surveillance in some parts of the world.
Joseph Cannataci, UN Special Rapporteur on the right to privacy, told the General Assembly on Thursday that “this is a very disturbing trend; all-pervasive surveillance is no panacea for COVID-19”.
“While public health emergencies have always provided a legitimate basis for the processing of data, and while contact tracing can be classified as a necessary measure to contain a pandemic, I urgently remind States that any responses to the coronavirus must be proportionate, necessary and non-discriminatory,” he said.
Cannataci said he was concerned about reports of personal and health data being used to exert control over citizens, possibly to little public health effect. He called upon States and companies to recognise the importance of privacy engineering in technological strategies.
The special rapporteur made the statement as he delivered his annual report, which examines the privacy impacts of the COVID-19 pandemic.
“Engineering for privacy alongside public health aims is technically possible and socially necessary – especially if citizens are to adopt and maintain the use of apps such as contact tracing features,” Cannataci said.
He also said that there is already guidance available to States to facilitate the lawful, necessary and proportionate use of health and other data to fight the spread of the virus.
Cannataci praised those Member States and companies that have introduced technology that recognises and works with citizens’ concerns for privacy.
He said the way to measure whether States’ responses to the pandemic were proportional and necessary was a comparative analysis of measures taken and health outcomes achieved by countries around the world.
“The critical question to ask,” Cannataci said, “is: ‘could the same public health results have been obtained by less privacy intrusive tactics?’” (Source: OHCHR)