Abstract
The COVID-19 pandemic leads governments around the world to resort to tracking technology and other data-driven tools in order to monitor and curb the spread of SARS-CoV-2. Such large-scale incursion into privacy and data protection is unthinkable during times of normalcy. However, in times of a pandemic the use of location data provided by telecom operators and/or technology companies becomes a viable option. Importantly, legal regulations hardly protect people’s privacy against governmental and corporate misuse. Established privacy regimes are focused on individual consent, and most human rights treaties know derogations from privacy and data protection norms for states of emergency. This leaves little safeguards nor remedies to guarantee individual and collective autonomy. However, the challenge of responsible data use during a crisis is not novel. The humanitarian sector has more than a decade of experience to offer. International organisations and humanitarian actors have developed detailed guidelines on how to use data responsibly under extreme circumstances. This article briefly addresses the legal gap of data protection and privacy during this global crisis. Then it outlines the state of the art in humanitarian practice and academia on data protection and data responsibility during crisis.
Highlights
On 11 March 2020 the World Health Organization declared that the spread of COVID-19 has resulted in a global pandemic (WHO Director-General’s Opening Remarks at the Media Briefing on COVID-19 - 11 March 2020 n.d)
We propose that guiding principles and standards for data practices in the humanitarian field are applicable during this crisis, and they should be considered as minimum standards for all states and corporations considering the use of data-driven monitoring tools to tackle the COVID-19 crisis
Genetic data can be relevant for AI enhanced searches for vaccines and monitoring online communication on social media might be helpful to keep an eye on peace and security (Taulli n.d.). The use of such large amounts of data comes at a price for individual freedom and collective autonomy
Summary
On 11 March 2020 the World Health Organization declared that the spread of COVID-19 has resulted in a global pandemic (WHO Director-General’s Opening Remarks at the Media Briefing on COVID-19 - 11 March 2020 n.d). We propose that guiding principles and standards for data practices in the humanitarian field are applicable during this crisis, and they should be considered as minimum standards for all states and corporations considering the use of data-driven monitoring tools to tackle the COVID-19 crisis.
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