For Immediate Release
S.T.O.P. Releases “Data Privacy & Public Health” Report, 50-State Contact Tracing Privacy Survey
S.T.O.P. warns that lack of contact tracing privacy protections undermines contact tracing of COVID-19.
(New York, NY, 4/1/2021) - Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy group, released Data Privacy & Public Health, a 50-state survey of contact tracing privacy laws. Alarmingly, the report found that federal law generally allows law enforcement access to contact tracing information, and only three states block police or ICE access to such data.
SEE: Data Privacy & Public Health
https://www.stopspying.org/contacttracing
“When we fail to protect contact tracing data, we undermine public health, privacy, and civil rights,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “No one should have to choose between protecting their family from a deadly pandemic and deportation. Without new safeguards, millions of Americans, particularly those who are undocumented or have criminal justice involvement, will face barriers to effective contact tracing. As vaccines make contact tracing more viable for state and local health officials, we must remove every barrier to their success, including information sharing.”
“Despite increasing vaccine availability, now is not the time to undermine the collection of COVID-19 contact tracing data,” said Surveillance Technology Oversight Project Research Director Eleni Manis. “It’s alarming that so few states have enacted any sort of legislation to protect this private and vital information. While nations in Asia have received the strongest international condemnation for invasive pandemic surveillance measures, this report makes it abundantly clear that the U.S. also must do better.”
Key Findings of the Report Include:
- The Health Insurance Portability and Account Act of 1996 (“HIPAA”) authorizes disclosure of contact tracing data pursuant to a warrant or subpoena;
- New York is the only state with a categorical ban on police access to contact tracing data;
- Kansas and South Carolina enacted limited privacy protections for electronic contact tracing apps; and
- Louisiana’s legislature passed a non-binding resolution, urging the governor to provide greater privacy protections for contact tracing data.
Earlier this week, the civil rights group condemned New York’s planned expansion of Excelsior Pass, the first COVID-19 vaccine passport in the United States. The group warned that vaccine passports ran contrary to public health guidance from the Centers for Disease Control and would compound inequity in the vaccine rollout.
SEE: S.T.O.P. Condemns Expansion Of NY State Vaccine Passport: ‘Excelsior Pass’
https://www.stopspying.org/latest-news/2021/3/29/stop-condemns-expansion-of-ny-state-vaccine-passport-excelsior-pass
Gothamist - NY's Vaccine Passport App Raises Concerns About "Digital Segregation"
https://gothamist.com/news/nys-vaccine-passport-app-raises-concerns-about-digital-segregation
Brian Lehrer Show - What to Know About New York's 'Vaccine Passport'
https://www.wnyc.org/story/what-know-about-new-yorks-vaccine-passport/
The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.
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CONTACT: S.T.O.P. Executive Director Albert Fox Cahn
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