The Privacy Implications of Using Data Technologies in a Pandemic

Abstract

The COVID -19 pandemic has seen a rise in the deployment of digital health technologies. This includes those aimed at identifying the infected and making sure they did not spread the infection any further as well as other technologies providing data driven insights aimed at improving the effectiveness of decisions such as locking down certain areas and allowing others to re-open. This paper attempts to evaluate the socio-legal implications of the use of these technologies with a particular focus on privacy. It does that by examining a range of data technologies that were deployed during the pandemic with a view to assess the socio-legal implications of their use. It analyses the technologies themselves, the data collected, the manner in which it was intended to be used and the safeguards if any built into these technologies. Based on this analysis we will attempt to evaluate the privacy implications of these technologies. Never before have data technologies been used in this manner at the frontlines of our battle against a virulent disease. As a result there are no precedents that directly address what does or does not constitute a violation of personal privacy. Notwithstanding that, the paper attempts to arrive at a conclusion as to the legitimacy of the use of these technologies and the safeguards that would be appropriate under the circumstances.