COVID-19: Human Rights Implications of Digital Certificates for Health Status Verification
Lead Research Organisation:
UNIVERSITY OF EXETER
Department Name: School of Law
Abstract
The UK government announced it would consider establishing "immunity passports" as part of a lockdown exit strategy during the ongoing outbreak of COVID-19. Digital certificates for verifying immunity, proof of vaccination and COVID-19 test results may contribute to the long-term COVID-19 management strategy, whereby based on their health status, certain individuals would be able to return to work and enjoy their general freedom of movement. Yet, such certificates pose important questions for the protection of data privacy and human rights, given that they would (1) use sensitive personal health information, (2) create a new distinction between individuals based on their health status, and (3) be used to determine the degree of freedoms and rights one may enjoy.
The technologies adopted during the current pandemic will have a lasting impact on our societies. They will shape how we respond to the trade-offs between data privacy, human rights, and public health interests. This project will evaluate whether and how digital certificates for health status affect our enjoyment of data privacy and the protection of our human rights, assessing whether there are effective ways to mitigate any potential risks for these rights, thus informing decision-making in this area of crucial national interest.
The technologies adopted during the current pandemic will have a lasting impact on our societies. They will shape how we respond to the trade-offs between data privacy, human rights, and public health interests. This project will evaluate whether and how digital certificates for health status affect our enjoyment of data privacy and the protection of our human rights, assessing whether there are effective ways to mitigate any potential risks for these rights, thus informing decision-making in this area of crucial national interest.
Publications
Beduschi A
(2021)
Rethinking digital identity for post-COVID-19 societies: Data privacy and human rights considerations
in Data & Policy
Beduschi A
(2022)
Taking stock of COVID-19 health status certificates: Legal implications for data privacy and human rights
in Big Data & Society
Beduschi A
(2020)
Digital Health Passports for COVID-19: Data Privacy and Human Rights Law
| Description | The research findings indicate that, depending on how they are designed and implemented, such Covid-19 Health Status Certificates may contribute to the long-term management of the COVID-19 pandemic. However, such certificates pose essential questions for the protection of data privacy and human rights, given that they: • use sensitive personal health information such as Covid-19 test results and vaccination records; • create a new distinction between individuals based on their health status; and • can be used to determine the degree of freedoms and rights individuals may enjoy. It is important that governments and international organisations are considering Covid status certification and reviewing how it could be implemented later in 2021. This is indeed a matter for public policy that should not be left for the private sector alone to decide. However, it is not sufficient to develop technical solutions for the verification of people's Covid-19 health status. Because technologies do not evolve in a legal vacuum, the existing laws and regulations must be respected. The risks of deploying such technologies must be anticipated and mitigated as much as possible before any large-scale deployment. To mitigate potential risks, policymakers should: 1. Ensure that COVID-19 tests and vaccines are accessible and affordable to all before any large-scale deploymentof Covid-19 Health Status Certificates. 2. Require Covid-19 Health Status Certificates providers to abide by data privacy rules, in particular, by requiring that they undertake data protection impact assessments and incorporate data privacy into the design of these technologies by default. Further outputs build and elaborate on these key findings. It follows from the research that three main barriers to the successful implementation of Covid-19 health status certificates can be identified: 1. Lack of trust 2. Lack of global standards 3. Lack of a holistic approach. The research findings suggest that three key sets of measures have the potential to contribute to the responsible implementation of Covid-19 certificates: 1. Inclusion of sunset clauses in legislation 2. Appropriate governance of health data 3. Proactive protection of data privacy. Accordingly, it is recommended that:1. Policymakers should ensure the availability and affordability of Covid-19 tests and vaccines to the whole population to avoid creating a two-tiered society in which only the wealthy have access to mobility and services. 2. Policymakers should ensure that Covid-19 health status certificates are only used during the pandemic and that their use is discontinued once the WHO declares that Covid-19 is no longer a public health emergency of international concern.3. Policymakers should ensure that Covid-19 health status certificate providers, whether from the private or public sector, abide by the basic data protection principles, including lawfulness, fairness and transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality, and accountability.4. Policymakers should ensure that Covid-19 health status certificate providers build data protection into the design of these certificates by default, thus contributing towards mitigating known risks to data privacy. 5. Policymakers should ensure that Covid-19 health status certificate providers maintain the confidentiality and security of the information collected and processed. They should prevent any unauthorised access, accidental loss, damage or destruction of the data. 6. Policymakers should request that Covid-19 health status certificate providers undertake data protection impact assessments (DPIA) before implementing specific solutions. That is important as these certificates are likely to result in a high risk to natural persons' rights and freedoms. |
| Exploitation Route | Research outcomes are being used by policymakers, for example in the UK, the research findings were fed into the Cabinet Office's review of Covid-19 certificates (Covid-19 taskforce led by Mr Michael Gove). Similarly, the research outcomes were put to use internationally via input given to the United Nations World Tourism Organization's review on digital health passports and the participation in discussions and panel debates with officials of the World Health Organization. The research outcomes are also used by the professionals in the field of digital identity (digital identity technologies are at the basis of the development of digital health certificates for Covid-19), notably via the collaboration with the non-profit Women in Identity. The research outcomes have also contributed to shaping the outcomes and report of the expert deliberations published by the Ada Lovelace Institute on vaccine passports. The research findings have been widely cited in the national and international press (including CNN Internaitonal, Euronews, BBC, the Daily Mail, the Telegraph, amongst others). Finally, the research findings and project outputs have been used by academic audiences (for example, by the report published by the Royal Society on vaccine passports). |
| Sectors | Digital/Communication/Information Technologies (including Software),Healthcare,Government, Democracy and Justice,Other |
| URL | https://socialsciences.exeter.ac.uk/law/research/projects/project/?id=663 |
| Description | Nationally, the research findings were used to inform the Cabinet Office's Covid-19 Taskforce Review into COVID-status certification. The PI gave evidence to the Cabinet Office during a 45 minutes long session on the 18th of March 2021. The research findings were also used during the expert deliberations chaired by Professor Sir Jonathan Montgomery at the Ada Lovelace Institute, leading to the publication of a report on the 17th of February 2021. Internationally, the research findings informed the United Nations World Tourism Organization's review of digital health passports. The PI gave evidence to the World Tourism Organization during a one-hour-long session chaired by Mr Pascal Lamy (former director-general of the World Trade Organization). |
| First Year Of Impact | 2021 |
| Sector | Digital/Communication/Information Technologies (including Software),Healthcare,Government, Democracy and Justice,Other |
| Impact Types | Policy & public services |
| Description | Briefing to the Cabinet Office - Covid-19 Task force Review into COVID-status certification |
| Geographic Reach | National |
| Policy Influence Type | Contribution to a national consultation/review |
| Description | United Nations - World Tourism Organization (UNWTO) - provided input to the evaluation of digital health passports |
| Geographic Reach | Multiple continents/international |
| Policy Influence Type | Contribution to a national consultation/review |
| Description | ESRC Impact Acceleration Account - University of Exeter |
| Amount | £4,000 (GBP) |
| Organisation | Economic and Social Research Council |
| Sector | Public |
| Country | United Kingdom |
| Start | 02/2021 |
| End | 07/2021 |
| Description | Ada Lovelace Institute expert deliberation on Covid-19 vaccine passports |
| Organisation | Ada Lovelace Institute |
| Country | United Kingdom |
| Sector | Charity/Non Profit |
| PI Contribution | I contributed as an expert to the Ada Lovelace Institute expert deliberation on Covid-19 vaccine passports. |
| Collaborator Contribution | The Ada Lovelace hosted the expert consultation and published an interim summary of the findings and recommendations from the Ada Lovelace Institute expert deliberation (in February 2021 - available at https://www.adalovelaceinstitute.org/summary/covid-19-vaccine-passports/. A fuller report of the deliberation session will be available in March 2021. |
| Impact | What place should COVID-19 vaccine passports have in society? Rapid expert deliberation (17 February 2021) ISBN: 978-1-8382567-1-5 |
| Start Year | 2020 |
| Description | Collaboration with Women in Identity |
| Organisation | Women in Identity |
| Country | United Kingdom |
| Sector | Charity/Non Profit |
| PI Contribution | I have contributed research expertise in the areas of digital identity and digital health passports. |
| Collaborator Contribution | Women in Identity is a registered non-pro?t membership organisation whose purpose is to promote parity in the area of digital identity. They have provided support with recruiting participants for the project's interviews - reaching out to their members and ensuring the gender parity of interviewees. Currently, we are co-organising and co-hosting a workshop on the topic of digital health passports. |
| Impact | Support with recruiting participants for project's interviews. Co-organising and co-hosting a workshop on the topic of digital health passports in March 2021. |
| Start Year | 2020 |
| Description | Ada Lovelace Institute - Expert meetings on vaccine passports |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to participate in an expert review of digital health passports by the Ada Lovelace Institute. The meetings took place on 29 January 2021 and 5 February 2021. The result of the expert deliberations was published by the Ada Lovelace Institute on 17 February 2021. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.adalovelaceinstitute.org/summary/covid-19-vaccine-passports/ |
| Description | Briefing Cabinet Office - Covid-19 Task force Review into COVID-status certification |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Policymakers/politicians |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to provide expertise and input the Cabinet Office's review of Covid-status certification. The 45 minutes long discussion took place on 18 March 2021 and the PI shared the project findings and her expertise. The goal was to provide the Cabinet Office and policymakers with an in-depth review of the key considerations around COVID-status certification and the project findings following the publication of the project's policy brief in December 2020. The PI will share the upcoming project outputs with the Cabinet Office going forward. |
| Year(s) Of Engagement Activity | 2021 |
| Description | Input to expert meeting - International Committee of the Red Cross (ICRC) - Geneva |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to participate in a closed meeting with the International Committee of the Red Cross, the World Health Organisation, diplomates at the Permanent Mission of Estonia to the United Nations in Geneva, and an advisor to the government of Estonia concerning digital infrastructure. During the one-hour long meeting, the PI shared the project findings and agreed to participate in an event organised by the ICRC and the United Nations about digital health passports (the follow-up event took place on the 1st February 2021). |
| Year(s) Of Engagement Activity | 2021 |
| Description | Input to the United Nations World Tourism Organization (UNWTO) evaluation of digital health passports |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Policymakers/politicians |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to provide expertise and input the United Nations - World Tourism Organization (UNWTO) review of digital health passports. The one-hour long discussion took place on 22 February 2021 (remotely) and the PI shared the project findings and her expertise. The goal was to provide the UNWTO and policymakers with an in-depth review of the key legal and ethical considerations around digital health passports and the project findings following the publication of the project's policy brief in December 2020. The discussion was chaired by Mr Pascal Lamy (former director-general of the World Trade Organisation) and included four members of the UNWTO. The PI will continue to provide input to this review process going forward. |
| Year(s) Of Engagement Activity | 2021 |
| Description | International Committee of the Red Cross and the Centre for Humanitarian Data (United Nations UNOCHA)) - panel debate |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to participate in a panel debate about digital health passports. Fellow panellists included the Head of Data Protection at the International Committee of the Red Cross, the Team Lead for Data Responsibility at the United Nations OCHA Centre for Humanitarian Data, the Unit Head, Digital Health Technology, Department of Digital Health and Innovations at the World Health Organization and a professor at the École Polytechnique Fédérale de Lausanne (EPFL). |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.icrc.org/en/digitharium/digital-dilemmas-debate-1 |
| Description | Interview for BBC Radio - Tech Tent Programme |
| Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give an interview to BBC Radio - Tech Tent Programme on Immunity Passports on 4 December 2020 - following the publication of the Project's policy brief that same week. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2020 |
| URL | https://www.bbc.com/news/technology-55187633 |
| Description | Interview for CNN International (Newsroom) about the project findings and report |
| Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give a live interview about the project's findings to CNN International - Newsroom programme on the 27th of February 2021. Several other TV broadcasters, print and radio media requested Dr Beduschi's expertise for their own shows. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://uoevideo.exeter.ac.uk/Play/9355 |
| Description | Interview for Deutsche Welle about Digital Health Passports and the Project's findings |
| Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give an interview to Deutsche Welle about Digital Health Passports and share the project's findings with the general public. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.dw.com/en/covid-19-special-will-immunity-passports-divide-society/av-56829183 |
| Description | Interview for Euronews (News Tonight) TV about European Union's Digital Green Passport (17 March 2021 - live TV broadcast) |
| Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give an interview to Euronews (TV) about the European Commission's proposal to establish EU Digital Green Passports and share the project's findings with the general public. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2021 |
| Description | Interview for NPR Radio (USA) |
| Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give an interview to NPR Radio in the United States about Digital Health Passports and share the project's findings with the general public. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.npr.org/2021/02/16/968461835/new-coronavirus-variants-postpone-recovery-of-leisure-trave... |
| Description | Interview for The Telegraph Newspaper |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, gave an interview to The Telegraph about Digital Health Passports and share the project's findings with the general public. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.telegraph.co.uk/news/2021/02/23/travel-news-holiday-restrictions-abroad-quarantine-hotel... |
| Description | Interview for the Wall Street Journal - video content |
| Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give an interview to the Wall Street Journal on the project's findings relating to digital health passports. The video interview was broadcasted on the 1st February 2021. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.wsj.com/video/to-fly-again-show-your-digital-health-passport/80B50D31-7629-4E77-9B33-938... |
| Description | Interview to Al Jazeera |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give an interview to Al Jazeera about Digital Health Passports and share the project's findings with the general public. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.aljazeera.com/news/2021/3/14/vaccine-passport-qa |
| Description | Interview to Euronews (print press) |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give an interview to Euronews about Digital Health Passports and share the project's findings with the general public. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.euronews.com/travel/2020/12/11/do-we-need-coronavirus-vaccine-passports-to-get-the-world... |
| Description | Interview to the Agence France Press - leading to project findings featuring in a variety of French Newspapers (including Le Figaro, L'express, Le Parisien, France 24) |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give an interview to the Agence France Press about Digital Health Passports and share the project's findings with the general public. The interview was reproduced and featured in a variety of French newspapers, including: Le Figaro: https://www.lefigaro.fr/voyages/l-estonie-teste-des-passeports-de-vaccination-pour-le-monde-entier-20210210 Le Parisien: https://www.leparisien.fr/societe/vaccins-contre-covid-19-trois-questions-sur-le-passeport-vert-17-12-2020-8414740.php L'express: https://www.lexpress.fr/actualite/societe/covid-19-tout-comprendre-aux-debats-sur-le-passeport-vaccinal_2142876.html France 24: https://www.france24.com/en/live-news/20210210-trust-is-key-as-estonia-tests-global-vaccine-passports Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.france24.com/en/live-news/20210210-trust-is-key-as-estonia-tests-global-vaccine-passport... |
| Description | Interview to the Independent Newspaper |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's PI, Dr Beduschi, gave an interview to the newspaper The Independent about Digital Health Passports and share the project's findings with the general public. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2020 |
| URL | https://www.independent.co.uk/news/world/covid-vaccine-immunity-passport-certificate-b1765641.html |
| Description | Project's findings featured in The Daily Mail Newspaper |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Public/other audiences |
| Results and Impact | The Project's findings on the topic of Digital Health Passports were featured in The Daily Mail following the publication of the project's policy brief. Further requests for interviews (TV, print and radio media) followed. |
| Year(s) Of Engagement Activity | 2020 |
| URL | https://www.dailymail.co.uk/news/article-9003321/Restaurants-bars-cinemas-turn-customers-without-Cov... |
| Description | Seminar presentation for the Department of Health and Social Care (UK) Science and Engineering Network |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Policymakers/politicians |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give a presentation about Covid-19 health status certificates and the project's findings to the Department of Health and Social Care (DHSC) Science and Engineering Network. The presentation took place on the 25th of March 2021. According to information provided by the organiser (DHSC), there were 104 attendees, with departments represented including: - DHSC - NHSx - Public Health England - Test and Trace - Office for Life Sciences - Business Energy and Industrial Strategy - Cabinet Office - Ministry of Housing, Communities and Local Government - Department for International Development - Animal and Plant health agency - Department for Education - Government Office for Science - HMRC - Home office - Intellectual Property Office - Marine Management - Medicines Healthcare Regulatory Agency - Open innovation - Department for Transport - Department for Culture, Media and Sport Following this event, the PI was invited to present at a Joint Biosecurity Centre cross-Whitehall meeting. |
| Year(s) Of Engagement Activity | 2021 |
| Description | Seminar presentation to the legal division of the World Bank (Washington DC) - remotly |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | The Project's PI, Dr Beduschi, was invited to give a presentation about Covid-19 health status certificates and the project's findings to the legal division of the World Bank in Washington DC (remotely). The presentation is scheduled for the 30th of March 2021. |
| Year(s) Of Engagement Activity | 2021 |
| Description | Workshop co-hosted with Women in Identity on digital health passports |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | We co-hosted a workshop on digital health passports with Women in Identity, a non-profit organisation on the 17th of March 2021. As a result of this workshop, Women in Identity expressed the willingness to continue the collaboration and participate in other research activities with the PI. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://twitter.com/WomeninID/status/1373955959270301700 |