Despite concerns about potential privacy issues, multiple states have been moving ahead with apps designed to alert people who may have been exposed to COVID-19 — a technology-based tool in the fight against a pandemic that has claimed more than 212,000 U.S. lives.
Roughly a dozen states have released contact-tracing apps, according to an Oct. 1 report by The New York Times. California was not listed among the states, though some localities are pursuing such apps. And Google said on its blog that U.S. states and territories representing about 45 percent of the population were exploring Exposure Notification System-based apps. But many worry that the apps may be sacrificing too much privacy for too little reward.
Notably, the apps are voluntary, typically requiring an adjustment to phone settings. Such apps can work through either location tracking, which relies on GPS and cell site data, or proximity, which uses Bluetooth technology to anonymously determine phones that have been within a particular range of each other for a specified time period.
Apple and Google have changed their smartphone operating systems so developers can create proximity tracing apps; the tech giants say personal health details and locations aren’t collected. Only public health authorities can use the system, according to Google. If someone gets a positive test result, that person can input the result using a unique authentication code, according to the Times. Those who opted to use the app and had their phones in close proximity with a “positive” phone would get an automatic notification.
Despite safeguards, it’s hard to predict the potential privacy side effects of contact-tracing apps. HIPAA and the FTC offer some protections; some argue that the country needs a comprehensive privacy law. Personal data can be incredibly valuable. Various concerns include:
- Proximity data may overestimate exposure because it doesn’t account for factors such as whether the people were wearing masks, were outside, the length of time they were near each other, and other potential variables — unless data collection gets more personal.
- Pandemic-related scams and spear phishing have jumped, and some worry that such apps could open new doors for fraudsters. Others wonder whether such apps could be taken over and repurposed.
- Congress members have offered several bills related to COVID-19 privacy. There is concern about how data will be stored/handled, whether it will be used solely for COVID-19 contact tracing, how long it will be tracked, limits to what could be tracked, whether it poses risk of overreach, and how long it will be kept — issues similar to those that arose relating to post-9/11 measures.
Ultimately, the efficacy of contact-tracing apps may be limited by Americans themselves. According to a Washington Post-University of Maryland poll earlier this year, almost 3 in 5 Americans are “either unable or unwilling” to use the Google-Apple alert system. Seniors, who face higher risks related to COVID-19, own fewer of the necessary smartphones compared with rates for the rest of the population. Many others don’t trust tech companies to keep health data private, the poll found.
This is an evolving issue as we head into winter; we’ll keep you posted.
Awareness of your rights helps you protect them. If you think your rights have been violated, we offer free consultations. In more than 25 years litigating fraud and employment cases, the lawyers at Keller Grover have recovered hundreds of millions of dollars for clients and class members.
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