Paper by Maria Pia Sacco, Theodora Christou and Anurag Bana. International Bar Association.
June 2020.
The following technologies are analysed:
- an app based on quick response code as adopted in People’s Republic of China;
- an app based on geolocalisation as adopted in South Korea; and
- an app based on Bluetooth as adopted in Singapore, with similar models currently being considered in Europe.
In compliance with the standards set out by international human rights law, these tools are evaluated against the principles of legality, necessity and proportionality. The Covid-19 crisis is the first pandemic in which technology has been widely adopted to understand and control the contagion, but there are challenges to this.
The paper covers the limitations and derogations of human rights under a state of emergency and particular aspects of the technology, including:
- voluntary approach;
- purpose limitation;
- data minimisation and time limitation;
- transparency;
- accountability; and
- interoperability.
In addition, this paper focuses on the role of the business sector in reducing and addressing the risks of adverse human rights impacts associated with the use of contact tracing apps. In relation to carrying out these activities, the paper asserts that companies should go ‘over and above compliance with national laws and regulations’ and, when appropriate, should exercise leverage with their partners, including governments. It further states that such functionality will be even more necessary at the end of the public health emergency, when these technologies should be phased out, when the risks of surveillance inertia, via mission creep, will be heightened.
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