Adam Klein and Edward Felten at Politico: “Geolocation data—precise GPS coordinates or records of proximity to other devices, often collected by smartphone apps—is emerging as a critical tool for tracking potential spread. But other, more novel types of surveillance are already being contemplated for this first pandemic of the digital age. Body temperature readings from internet-connected thermometers are already being used at scale, but there are more exotic possibilities. Could smart-home devices be used to identify coughs of a timbre associated with Covid-19? Can facial recognition and remote temperature sensing be harnessed to identify likely carriers at a distance?
Weigh the benefits of each collection and use of data against the risks.
Each scenario will present a different level of privacy sensitivity, different collection mechanisms, different technical options affecting privacy, and varying potential value to health professionals, meaning there is no substitute for case-by-case judgment about whether the benefits of a particular use of data outweighs the risks.
The various ways to use location data, for example, present vastly different levels of concern for privacy. Aggregated location data, which combines many individualized location trails to show broader trends, is possible with few privacy risks, using methods that ensure no individual’s location trail is reconstructable from released data. For that reason, governments should not seek individualized location trails for any application where aggregated data would suffice—for example, analyzing travel trends to predict future epidemic hotspots.
If authorities need to trace the movements of identifiable people, their location trails should be obtained on the basis of an individualized showing. Gathering from companies the location trails for all users—as the Israeli government does, according to news reports—would raise far greater privacy concerns.
Establish clear rules for how data can be used, retained, and shared.
Once data is collected, the focus shifts to what the government can do with it. In counterterrorism programs, detailed rules seek to reduce the effect on individual privacy by limiting how different types of data can be used, stored, and shared.
The most basic safeguard is deleting data when it is no longer needed. Keeping data longer than needed unnecessarily exposes it to data breaches, leaks, and other potential privacy harms. Any individualized location tracking should cease, and the data should be deleted, once the individual no longer presents a danger to public health.
Poland’s new tracking app for those exposed to the coronavirus illustrates why reasonable limits are essential. The Polish government plans to retain location data collected by the app for six years. It is hard to see a public-health justification for keeping the data that long. But the story also illustrates well how a failure to consider users’ privacy can undermine a program’s efficacy: the app’s onerous terms led at least one Polish citizen to refuse to download it….(More)”.