Contact Tracing — necessary, effective tool in the fight against SARS-CoV-2, or massive legal and ethics violation?
Where do we draw the line between protecting public health and infringing upon inalienable constitutional rights?
You would be hard-pressed to disagree with the statement that 2020 has been a year for the ages — though not in a nice, positive way. The worst pandemic to strike the world in a century has to date infected more than 53 million people globally and claimed the lives of over one million.
As a second wave moves in for the winter, and the global economy struggles through this rollercoaster ride of instability, all the while wary of a recession, billions are concerned about their financial and — increasingly — food security, even in developed regions such as the U.S, Western Europe, and Canada.
And, as countries with declining numbers slowly lift lockdown measures and return to reopening their economies, businesses have been more or less compelled by government to implement contact tracing to identify those who are infected with the Coronavirus and all other persons with who they’ve come into contact with.
Is Contact Tracing Effective?
While there is a myriad of views regarding the effectiveness of this technology, the Centers for Disease Control (CDC) states unequivocally that contact tracing is the most effective way of preventing the further spread of COVID-19, as it allows health professionals to identify and isolate individuals who have the virus.
In contrast, other medical professionals have taken a more uncertain stance about the effectiveness of contact tracing. One report conducted in The Lancet concludes that while mobile tracing apps are more effective than traditional methods, the deciding factor with relation to its full usefulness depends heavily on the percentage of the population who actually downloads the app.
Furthermore, the report states that according to modeling studies, contract tracing by itself is largely a fruitful endeavor in controlling outbreaks if the tracing coverage isn’t high enough.
Is contact tracing unconstitutional?
The period of isolation this past spring when much of the world was quieter than a church mouse was long, tedious, and, for many people, anxiety-provoking. And, just as you were happy to get back to some semblance of a normal life, including going out to clubs and restaurants, you may or may not have found the requirement to provide your name and phone number for contact tracing purposes upon entering each establishment a tad Big Brotherish.
If you indeed felt this way, you’re far from being a lone voice in the wilderness.
Most industrialized nations have constitutional protections against the overreach of government, including the protection of privacy, outlined in the Fourth Amendment of the U.S. Bill of Rights as well as Section 7 of the Canadian Charter of Rights and Freedoms.
While those of us who live in the western world want to believe that our elected officials will look out for our best interests while preserving our hard-won freedoms, sadly, this isn’t always the case. Instead, governments have widened the scope of domestic surveillance systems during this pandemic.
According to Patrick McKnight of the American Bar Association, TACT (Technology Assisted Contact Tracing) proposals which enable people to be tracked either by GPS or Bluetooth technology raises privacy concerns about the increased surveillance of American citizens.
Voicing similar concerns on the issue of how contact tracing is violating constitutional rights, constitutional scholar John Eastman, a senior fellow at the Claremont Institute, has stated publicly that this pervasive system of contact tracing during this time has given the government a wide berth to implement very intrusive measures that are creating problems for search and seizure and privacy issues pertaining to the Fourth Amendment.
Wrapping up
While the world wades through the stressful situation created by the COVID-19 pandemic, any reasonably — minded person would agree that safeguarding civil liberties is just as important as protecting the health and safety of the society at large.
It has been concerning (to say the least) at the number of people who take little issue with the violations of their constitutional rights by politicians and petty tyrants in the bureaucracy in the name of safety.
Benjamin Franklin, who warned us two and a half centuries ago about the dangers of sacrificing essential liberty for temporary security, would undoubtedly be dismayed at western societies today for doing just that and failing to see the big picture, as rights that are gone are very hard to get restored.
Chris is a professional freelance writer. He uses his expert knowledge, skills, and personal experience in writing about such topics as real estate, travel, fitness, politics, and digital marketing to create innovative, entertaining, and engaging content for his clients. He writes for Medium, TravelPlus, ThriveGlobal, The Canadian Firearms Journal, and more. His specialty is writing articles and books as well as copywriting and editing and proofreading.
https://www.chrismcgarryauthor.com/
References
Bank, World. “The Global Economic Outlook During the COVID-19 Pandemic: A Changed World.” World Bank, 2020, www.worldbank.org/en/news/feature/2020/06/08/the-global-economic-outlook-during-the-covid-19-pandemic-a-changed-world.
Dunham, Jackie. “One in Seven Canadians Experiencing Food Insecurity during the Pandemic: Report.” CTVNews, CTV News, 2 Oct. 2020, www.ctvnews.ca/canada/one-in-seven-canadians-experiencing-food-insecurity-during-the-pandemic-report-1.5126247.
https://www.cdc.gov/coronavirus/2019-ncov/downloads/php/contact-tracing-CDC-role-and-approach.pdf
Prof Mirjam E Kretzschmar, PhD Ganna Rozhnova, PhD Martin C J Bootsma, PhD Michiel van Boven, PhD Prof Janneke H H M van de Wijgert, PhD Prof Marc J M Bonten, MD, et al. “Impact of Delays on Effectiveness of Contact Tracing Strategies for COVID-19: a Modelling Study.” The Lancet, 2020, www.thelancet.com/journals/lanpub/article/PIIS2468-2667(20)30157-2/fulltext.
McKnight, Patrick. “Could Contact Tracing Technology Violate the Fourth Amendment?” American Bar Association, 2020, www.americanbar.org/groups/business_law/publications/committee_newsletters/cyberspace/2020/202006/contact-tracing/.
Nelson, Joshua. “Constitutional Scholar Tells Laura Ingraham Why Contact Tracing Will Lead to Real Privacy Concerns.” Fox News, FOX News Network, 22 May 2020, www.foxnews.com/media/constitutional-scholar-warns-of-privacy-threats-from-contact-tracing.