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The pandemic surveillance state: an enduring legacy of COVID-19
Abstract
Containing the spread of pandemic transmission tends to go hand in hand with a surveillance regime that tracks movement, transmission and those who contract the virus or disease. An enduring legacy of the COVID-19 crisis will be the incremental development of surveillance technologies, ostensibly purposed to identify the threat and spread of a pandemic, giving birth to what amounts to the pandemic surveillance state. Whether this is seen as an undesirable outcome depends very much on the field of expertise and the relevant slant. Health professionals and epidemiologists favor more surveillance; privacy and data security advocates fear a further denuding of protections. This paper examines the dangers of such technologies and efforts to seek a middle ground on app technologies designed to protect privacy. Such designs may, in time, seem more hopeful than actual.
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Author and article information
Notes
Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He is a Senior Lecturer at RMIT University, Melbourne and is a contributing editor to Counterpunch Magazine. He is also an associate of the Nautilus Institute of Security and Sustainability (San Francisco) and a member of the human securities program at Royal Roads University, Canada. Email: bkampmark@123456gmail.com
Robin Wright, “Finding Connection and Resilience During the Coronavirus Pandemic,” The New Yorker, March 20, 2012, https://www.newyorker.com/news/our-columnists/coping-camaraderie-and-human-evolution-amid-the-coronavirus-crisis.
Motherboard Staff, “The World After This,” Vice, March 20, 2020, https://www.vice.com/amp/en_us/article/wxekvw/the-world-after-coronavirus-healthcare-labor-climate-internet?__twitter_impression=true.
Arundhati Roy, “The pandemic is a portal,” Financial Times, April 4, 2020, https://www.ft.com/content/10d8f5e8-74eb-11ea-95fe-fcd274e920ca.
Definitions of public, global and international health have been seen as different concepts: See J.P. Koplan, T.C. Bond, M.H. Merson et al. for the Consortium of Universities for Global Health Executive Board, “Towards a common definition of global health,” Lancet 373 (2009): 1993–1995. This paper treats these as generally similar, as accepted in Linda P. Fried, et al., “Global health is public health,” Lancet 375 (2010): 535–537.
Bryan Walsh, “The pandemic's coming health surveillance state,” Axios, May 21, 2020, https://www.axios.com/coronavirus-brings-a-future-of-health-surveillance-82c7788b-ba30-4f4b-a5fb-a863273b3b88.html.
Ronald Bayer and Amy Fairchild, “When Worlds Collide: Health Surveillance, Privacy and Public Policy,” Social Research 77, 3 (Fall, 2010): 905–928, 905.
Amy L. Fairchild, Ronald Bayer and James Colgrove, Searching Eyes: Privacy, the State and Disease Surveillance in America (Berkeley: University of California Press, 2007).
Universal Declaration of Human Rights, Article 12.
Herman Biggs, “The Public Health,” Monthly Bulletin of the Department of Health of the City of New York 3 (1913): 150; Amy L. Fairchild, Ronald Bayer and James Colgrove, “Privacy and public health surveillance: The enduring tension,” The Virtual Mentor 9, 12 (December, 2007): 838–841; Fairchild, Bayer and Colgrove, Searching Eyes.
Katherine E. Kenny, “The biopolitics of global health: Life and death in neoliberal time,” Journal of Sociology 51, 1 (2015): 9–27.
WHA33.3: Declaration of global eradication of smallpox, Eight Plenary Meeting, May 8, 1980 in World Health Organization, Thirty-Third World Health Assembly, Geneva, 5–23 May, 1980, Resolutions and Decisions, Annexes (Geneva: World Health Organization, 1980), 1, available at: https://apps.who.int/iris/bitstream/handle/10665/154893/WHA33_1980-REC-1_eng.pdf?sequence=1&isAllowed=y.
Jeremy Youde, Biopolitical Surveillance and Public Health in International Politics (New York: Palgrave Macmillan, 2010), 1; D.A. Henderson and Petra Klepac, “Lessons from the eradication of smallpox: an interview with D.A. Henderson,” Philosophical Transactions of the Royal Society of London 368, 1623 (August 5, 2013): 20130113.
Youde, Biopolitical Surveillance and Public Health in International Politics, 1–2.
Youde, Biopolitical Surveillance and Public Health in International Politics, 15–39.
World Health Organization, Global Surveillance during an Influenza Epidemic, Version 1, Updated Draft (April, 2009), 3, available at: https://www.who.int/csr/disease/swineflu/global_pandemic_influenza_surveilance_apr09.pdf.
World Health Organization, WHO Guidance for surveillance during an influenza epidemic: 2017 update (Geneva: World Health Organization, 2017), 12.
World Health Organization, WHO Guidance for surveillance during an influenza epidemic: 2017 update, 15.
World Health Organization, WHO Guidance for surveillance during an influenza epidemic: 2017 update, 15.
World Health Organization, WHO Guidance for surveillance during an influenza epidemic: 2017 update, 22.
World Health Organization, WHO Guidance for surveillance during an influenza epidemic: 2017 update, 18.
World Health Organization, WHO Guidance for surveillance during an influenza epidemic: 2017 update, 19, 22.
Edward C. Holmes, Andrew Rambaut and Kristian G. Andersen, “Pandemics: spend on surveillance, not prediction,” Nature 558 (June 7, 2018): 180–182, https://www.nature.com/articles/d41586-018-05373-w.
UNICEF, Fighting Epidemics, available at https://www.unicef.org/innovation/fighting-epidemics.
Holmes, Rambaut and Andersen, “Pandemics,” 180–181.
Yixiang Ng, Zongbin Li, Yi Xian Chua, We Liang Chaw, Zheng Zhao, Benjamin Er, Rachael Pung, Calvin J. Chiew, David C. Lye, Derrick Heng and Vernon J. Lee, “Evaluation of the Effectiveness of Surveillance and Containment Measures for the First 100 Patients with COVID-19 in Singapore – January 2–February 29, 2020,” Morbidity and Mortality Weekly Report (MMWR) 69, 11 (March 20, 2020): 307–311, https://www.cdc.gov/mmwr/volumes/69/wr/mm6911e1.htm.
Noted in BBC News, “China launches coronavirus ‘close contact detector’ app,” February 11, 2020, https://www.bbc.com/news/technology-51439401.
Yingzhi Yang and Julie Zhu, “Coronavirus brings China's surveillance state out of the shadows,” Reuters, February 7, 2020, https://www.reuters.com/article/us-china-health-surveillance-idUSKBN2011HO.
Yang and Zhu, “Coronavirus brings China's surveillance state out of the shadows.”
Liao Shumin, “Baidu Releases Code for Face Scanner Able to Tag People Who Don't Don Masks,” Yicai Global, February 13, 2020, https://www.yicaiglobal.com/news/baidu-releases-code-for-face-scanner-able-to-tag-people-who-do-not-don-masks.
Megvii, “About MEGVII,” https://megvii.com/en/about_megvii.
Megvii, “Using AI to combat the novel coronavirus outbreak,” February 7, 2020, https://megvii.com/en/news/ID?news_id=111.
BBC News, “China launches coronavirus ‘close contact detector’ app,” February 11, 2020, https://www.bbc.com/news/technology-51439401.
Yang and Zhu, “Coronavirus brings China's surveillance state out of the shadows.”
Dennis Deapen, “Cancer surveillance and information: Balancing public health with privacy and confidentiality concerns (United States),” Cancer Causes and Control 17 (2006): 633–637, 633.
Deapen, “Cancer surveillance and information,” 633.
See, for instance, Adam Lashinksy and Jonathan Vanian, “The pandemic is highlighting the privacy risks of public health,” Fortune, March 31, 2020, https://fortune.com/2020/03/30/digital-privacy-coronavirus-data-sheet/.
Alan Dershowitz, “Is there a right to anonymity for coronavirus carriers in America?” The Hill, March 18, 2020, https://thehill.com/opinion/civil-rights/488172-is-there-a-right-to-anonymity-for-coronavirus-carriers-in-america.
Deapen, “Cancer Surveillance and Information,” 634.
See Maya Wang, China Rights Watch, quoted in Arjun Kharpal, “Use of surveillance to fight coronavirus raises concerns about government after pandemic ends,” CNBC, March 26, 2020, https://www.cnbc.com/2020/03/27/coronavirus-surveillance-used-by-governments-to-fight-pandemic-privacy-concerns.html.
Victor Lin Pu, “The Coronavirus Outbreak: How Democratic Taiwan Outperformed Authoritarian China,” The Diplomat, February 27, 2020, https://thediplomat.com/2020/02/the-coronavirus-outbreak-how-democratic-taiwan-outperformed-authoritarian-china/.
Adam Nelson, “Authoritarianism is the greatest public health risk,” The Hill, February 23, 2020, https://thehill.com/opinion/healthcare/484190-authoritarianism-is-a-public-health-risk; Adriana Arsht, “Democracies Are Better At Fighting Outbreaks,” The Atlantic, February 24, 2020, https://www.theatlantic.com/ideas/archive/2020/02/why-democracies-are-better-fighting-outbreaks/606976/.
For a debate on this, see Joshua Badge, “Privacy concerns on My Health Record need to be addressed,” The Mandarin, July 27, 2018; The Auditor-General, “Implementation of the My Health Record System, Australian Digital Health Agency, Department of Health,” Auditor-General Report No. 13 2019–20 (Australian National Audit Office, 2019), available at: https://www.anao.gov.au/sites/default/files/Auditor-General_Report_2019-2020_13.PDF.
David Meyer, “Privacy could be the next victim of the coronavirus,” Fortune, March 22, 2020, https://fortune.com/2020/03/21/coronavirus-privacy-surveillance-tech-covid-19/.
Sarah Rainsford, “Coronavirus: Russia uses facial recognition to tackle Covid-19,” BBC News, April 4, 2020, https://www.bbc.com/news/av/world-europe-52157131/coronavirus-russia-uses-facial-recognition-to-tackle-covid-19.
Planet Biometrics, “Indian police use face recognition app to track Covid-19 patients,” March 30, 2020, https://www.planetbiometrics.com/article-details/i/10923/desc/indian-police-use-face-recognition-app-to-track-covid-19-patients/.
Niels Wouters and Ryan Kelly, “Facial recognition technology is one tool in the fight against COVID-19, but once the pandemic ends, is surveillance tech going to stick around?,” Pursuit, University of Melbourne, May 24, 2020, https://pursuit.unimelb.edu.au/articles/the-danger-of-surveillance-tech-post-covid-19.
Such technology has its devotees: See Patrick Grother, Mei Ngan and Kayee Hanaoka, “Comparing rank-1 FNIR at N=1.6M FVR 2018 mugshot photos for 2020 Yitu-004 algorithm (0.0008) and 2014 NEC-30 algorithm (0.041), FVRT Part 2: identification,” National Institute of Standards and Technology, US Department of Commerce, March 27, 2020, https://pages.nist.gov/frvt/reports/1N/frvt_1N_report.pdf.
Infectious Disease Control and Prevention Act, No. 14286, December 2, 2016, available at: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=40184&lang=ENG; Framework Act on the Management of Disasters and Safety Act, No. 15344, January 16, 2018, available at: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=46614&lang=ENG; Quarantine Act, No. 15266, December 19, 2017, available at: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=46420&lang=ENG; Regional Public Health Act, No. 16262, January 15, 2019, available at: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=49575&lang=ENG; Prevention of Acquired Immunodeficiency Syndrome Act, No. 14780, April 18, 2017, available at: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=43281&lang=ENG.
Seokmin Lee, “Fighting COVID-19 – Legal Powers and Risks: South Korea,” Verfassungsblog, March 25, 2020, https://verfassungsblog.de/fighting-covid-19-legal-powers-and-risks-south-korea/.
Infectious Disease Control and Prevention Act, Article 76-2(2).
For a discussion of these provisions, see Brian J. Kim, “Lessons for America: How South Korean Authorities Used Law to Fight the Coronavirus,” Lawfare, March 16, 2020, https://www.lawfareblog.com/lessons-america-how-south-korean-authorities-used-law-fight-coronavirus.
Jung Won Sonn, “Coronavirus: South Korea's success in controlling disease is due to its acceptance of surveillance,” The Conversation, March 20, 2020, https://theconversation.com/coronavirus-south-koreas-success-in-controlling-disease-is-due-to-its-acceptance-of-surveillance-134068.
Eun-Young Jeong, “South Korea Tracks Virus Patients' Travels – and Publishers Them Online,” The Wall Street Journal, February 16, 2020.
Kim, “Lessons for America: How South Korean Authorities Used Law to Fight the Coronavirus.”
Stephen Engelberg, Lisa Song and Lydia DePillis, “How South Korea Scaled Coronavirus Testing While the US Fell Dangerously Behind,” ProPublica, March 15, 2020, https://www.propublica.org/article/how-south-korea-scaled-coronavirus-testing-while-the-us-fell-dangerously-behind.
Basic Law: The Government, available (in Hebrew), at: https://m.knesset.gov.il/Activity/Legislation/Documents/yesod6.pdf; discussion in Elena Chachko, “The Israeli Supreme Court Checks COVID-19 Electronic Surveillance,” May 5, 2020, Lawfare, https://www.lawfareblog.com/israeli-supreme-court-checks-covid-19-electronic-surveillance.
Daniel Estrin, “Israel beings tacking and texting those possibly exposed to the coronavirus,” March 19, 2020, NPR, https://www.npr.org/2020/03/19/818327945/israel-begins-tracking-and-texting-those-possibly-exposed-to-the-coronavirus.
Youde, Biopolitical Surveillance and Public Health in International Politics, 4.
Flowminder, “Enabling MNOs to produce mobility indicators to support the COVID-19 response,” March 26, 2020, https://web.flowminder.org/news/enabling-mnos-to-produce-mobility-indicators-to-support-the-covid-19-response.
Flowminder, “Enabling MNOs to produce mobility indicators to support the COVID-19 response.”
Clara Chong, “About 1 million people have downloaded TraceTogether app, but more needed to do so for it to be effective: Lawrence Wong,” The Straits Times, April 1, 2020.
Salmar Khalik, “Tough decisions painful but necessary to save lives, says Lawrence Wong,” The Straits Times, April 1, 2020.
For an explanation, see Dudley Carr, “COVID Trace Privacy In-Depth,” COVID Trace Blog, April 1, 2020, https://covidtrace.com/blog/privacy-in-depth/.
Kurt Schlosser, “Seattle tech veterans rush to build an app to trace COVID-19 exposure only to run into Apple rejection,” GeekWire, April 3, 2020, https://www.geekwire.com/2020/seattle-tech-veterans-rush-build-app-trace-covid-19-exposure-run-apple-rejection/.
Dudley Carr, “COVID Trace Privacy In-Depth,” COVID Trace Blog, April 1, 2020, https://covidtrace.com/blog/privacy-in-depth/.
Carr, “COVID Trace Privacy In-Depth.”
Andy Greenberg, “Does Covid-19 Contact Tracing Pose a Privacy Risk? Your Questions, Answered,” Wired, April 17, 2020, https://www.wired.com/story/apple-google-contact-tracing-strengths-weaknesses/.
Greenberg, “Does Covid-19 Contact Tracing Pose a Privacy Risk?”
Albert Fox Cahn and Evan Selinger, “Tracking coronavirus with smartphones isn't just a tech problem,” Boston Globe, April 17, 2020, https://www.bostonglobe.com/2020/04/17/opinion/tracking-coronavirus-with-smartphones-isnt-just-tech-problem/.
Chris Culnane and Vanessa Teague, “Security analysis of the UK NHS COVID-19 App,” May 19, 2020, GitHub, https://github.com/vteague/contactTracing/blob/master/blog/2020-05-19UKContactTracing.md.
Hyung Cho, Daphne Ippolito and Yun William Yu, “Contact Tracing Mobile Apps for COVID-19: Privacy Considerations and Related Trade-offs,” Cryptography and Security (March 30, 2020): 1–12, 3. https://arxiv.org/pdf/2003.11511.pdf.
Australian Government, Department of Health, “Privacy Policy for COVIDSafe app,” available at: https://www.health.gov.au/using-our-websites/privacy/privacy-policy-for-covidsafe-app; Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements – Public Health Contact Information) Determination 2020 (Cth).
Australian Government, Department of Health, “COVIDSafe app,” Current as of June 6, 2020, https://www.health.gov.au/resources/apps-and-tools/covidsafe-app.
Malcom Farr, “Guardian Essential poll: Suspicions about tracing app offset by approval of Covid-19 response,” The Guardian, April 28, 2020, https://www.theguardian.com/australia-news/2020/apr/28/guardian-essential-poll-suspicions-about-tracing-app-offset-by-approval-of-covid-19-response.
Ada Lovelace Institute, “Exit through the App Store?,” Rapid evidence review, April 20, 2020, https://www.adalovelaceinstitute.org/wp-content/uploads/2020/04/Ada-Lovelace-Institute-Rapid-Evidence-Review-Exit-through-the-App-Store-April-2020-2.pdf.
James Jin Kang and Paul Haskell-Dowland, “How safe is COVIDSafe? What you should know about the app's issues, and Bluetooth-related risks,” The Conversation, May 7, 2020, https://theconversation.com/how-safe-is-covidsafe-what-you-should-know-about-the-apps-issues-and-bluetooth-related-risks-137894.
Kang and Haskell-Dowland, “How safe is COVIDSafe?
Kang and Haskell-Dowland, “How safe is COVIDSafe?
Michelle Meares, “COVID Safe App and the Law,” Electronic Frontiers Australia, May 3, 2020, https://www.efa.org.au/2020/05/03/covid-safe-app-and-the-law/.
Israeli Supreme Court decision available at: https://www.adalah.org/uploads/uploads/SCT_decision_corona_surveillance19032020.pdf.