Abstract

On March 11 2020, the World Health Organization (WHO) officially categorized the Coronavirus disease (COVID-19) as a global pandemic. The rapid spread of COVID-19 prompted governments all around the world to take steps toward controlling the pandemic and its significant socio-economic impacts. Digital technology has been relied upon to provide innovative solutions to aid efforts of stopping the spread of COVID-19. One such innovation is the development and implementation of contact tracing applications or apps. The use of these apps allows public health authorities to track confirmed cases of COVID-19 and mitigate its transmission. However, as useful as they may be, there exists a well-grounded fear that contact tracing apps may be used as a tool to broaden government surveillance powers. This is especially true among member nations of the Association of Southeast Asian Nations (ASEAN), where domestic regulations guaranteeing the right to privacy and protection of personal data are relatively weak. Additionally, ASEAN lacks a comprehensive and strong regional mechanism for the protection of human rights and personal data. This paper aims to analyze the implementation of contact tracing apps in ASEAN member states, whether its implementation fulfills the international standards of the protection of the right to privacy and personal data, as well as provide recommendations to ensure that countries do not spiral towards a state of unrestricted government surveillance.

Highlights

  • It is becoming a cliché to say how transformative [digital technologies] are, serving as a double-edged sword that may either lead to our collective human flourishing – or to our collective demise. (Statement by Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, 8 July 2020.)The whole world is facing an unparalleled global health crisis in its scale and impact

  • This paper aims to analyze the implementation of contact tracing apps in Association of Southeast Asian Nations (ASEAN) member states, whether its implementation fulfills the international standards of the protection of the right to privacy and personal data, as well as provide recommendations to ensure that countries do not spiral towards a state of unrestricted government surveillance

  • Countries should conduct reviews to assess whether the trade-off to the user’s privacy is proportional to the goal of preventing COVID-19 transmission, and if the results prove that the app has had no significant impact towards achieving the said goal, the app must be dismantled immediately.[122]

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Summary

Introduction

(Statement by Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, 8 July 2020.). The whole world is facing an unparalleled global health crisis in its scale and impact. As of August 2020, the World Health Organization (WHO) has reported almost 18 million cases of the Coronavirus disease (COVID-19) globally, with more than 600,000 reported deaths.[1] If the pandemic is not swiftly controlled, it is bound to have devastating socio-economic impacts on countries and the livelihoods of its citizens.[2] Countries have resorted to taking drastic measures in order to control the spread of COVID-19, such as greatly increasing the capacity of their health sectors and imposing widespread lockdowns.[3]. The response from members of the Association of Southeast Asian Nations (ASEAN) to the COVID-19 pandemic has been highly varied. On the other hand, is still struggling to contain the spread of COVID-19, with more than 100,000 confirmed cases, around 5,000 deaths, and more than 2,000 new confirmed cases each day.[5]

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