ACADEMIC ARTICLE SUMMARY
The COVID-19 Pandemic and the Technology Trust Gap
Article Source: Seton Hall Law Review, Vol. 51, pp. 1505-1533, 2021
Publication Date:
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ARTICLE SUMMARY
Summary:
Pandemic responses were hindered by lack of public trust in information technology. The public was reluctant to use contact tracing apps because of inadequate privacy protection.
POLICY RELEVANCE
Policy Relevance:
Privacy law should require technology companies to protect users’ interests.
KEY TAKEAWAYS
Key Takeaways:
- Technology firms’ and governmental efforts to use technology to fight the pandemic often failed because people do not trust technological systems and devices.
- Pre-existing privacy issues include manipulative interfaces, lack of meaningful rights to consent to data collection, and devices that collect too much data; also, social media spreads considerable disinformation.
- Technological efforts to address the pandemic failed to protect users’ privacy.
- Project Baseline, based in the United States, required users to consent to participation in Google data ecosystem.
- In Singapore, contact tracing data from the TraceTogether app was made available to Singapore police.
- Project Baseline, based in the United States, required users to consent to participation in Google data ecosystem.
- Interfaces and information online are beset with problems such as "dark patterns," that is, confusing and manipulative user interfaces; California legislature addressed dark patterns in the California Privacy Rights Act of 2020, but federal privacy law has not.
- Before the next public health emergency, lawmakers could ensure that technologies are more trustworthy by requiring data collectors to serve as data stewards for technology users.
- New rules should prohibit technological designs or uses of data that conflict with users' best interests.
- Privacy policies and software licenses would be empowering, meaningful, and transparent.
- New rules should prohibit technological designs or uses of data that conflict with users' best interests.
- Australia's pandemic response shows that substantive privacy rules can build trust.
- Australia quickly reversed a determination that the COVIDSafe contact tracing app could be used by prosecutors.
- Australia barred uses of contact tracing data for any purpose other than contact tracing.
- Australia quickly reversed a determination that the COVIDSafe contact tracing app could be used by prosecutors.