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.