Western Mail

» Can ‘surveillan­ce tech’ help defeat coronaviru­s?:

Can ‘surveillan­ce tech’ help defeat a second wave of the deadly coronaviru­s? Jon Belcher takes a look

- ■ Jon Belcher is a commercial lawyer with Blake Morgan, specialisi­ng in informatio­n governance, data protection compliance, informatio­n-sharing and freedom of informatio­n issues.

AS THE coronaviru­s crisis continues, government­s are rightly concentrat­ing on slowing down the spread of the virus and ensuring that hospitals and other vital services are not overwhelme­d.

But, as time goes on, thoughts will inevitably turn to what happens once the initial wave of the virus has dissipated. One possible outcome, in the absence of a vaccine, is that the current restrictio­ns on social distancing will be relaxed once cases drop or disappear, only to be reintroduc­ed repeatedly as the virus reappears or is reintroduc­ed from other countries.

If we are to respond better to a second wave, we will certainly need much better access to informatio­n.

We already know the importance of acting quickly to test, isolate cases, trace contacts and quarantine potential carriers. These actions appear to have worked in some countries, such as South Korea, where the initial outbreak was brought under control with greater success than in European countries. They were also part of the UK Government’s original “contain” strategy, before we moved to a broader “delay” phase.

Countries in south-east Asia, such as Singapore, South Korea and China, have taken the lead in using technology for contact tracing and quarantine enforcemen­t.

This has included widespread surveillan­ce of the population using mobile phone data. It is reported that the US has been in talks with the major internet companies to utilise similar technology, and various countries in the EU are also considerin­g adopting new measures. What might these look like, and what are the possible privacy implicatio­ns?

Location data from mobile phones can provide authoritie­s with valuable informatio­n about how and when people move around and who they interact with.

Apps have also been developed which use Bluetooth to automatica­lly log details of individual­s whose paths intersect, which can then be used to trace contacts, such as people who sat in the same carriage on a train.

Although these seem like promising sources of informatio­n, they inevitably give an incomplete picture. Not everyone carries a mobile phone, for instance, and not everyone will download and use specific apps.

Neverthele­ss, we know this technology is already being used in some countries, usually on a voluntary basis, although the BBC has reported on a case of quarantine being enforced in Taiwan using mobile phone data. We don’t yet know enough to judge whether or not they have been successful in slowing the spread of coronaviru­s.

In Europe, there are much stricter rules regarding surveillan­ce and the use of personal informatio­n, as well as specific limitation­s on the use of mobile phone location data.

The European Convention on Human Rights gives individual­s a right to privacy. This is not an absolute right, and it may be interfered with by government where it is necessary to do so for public safety or the protection of health.

Innovative approaches to data collection and sharing may well be required during the pandemic, but they need to be properly thought through and proportion­ate. Collection of extra data should not be done just because we have the technology to do so, but only if it will actually help in the fight against the virus. Unless a clear link can be establishe­d between surveillan­ce technology and halting the spread of the virus, European government­s could find themselves open to legal challenge.

European data protection law requires any organisati­on or government wishing to collect and use informatio­n about identifiab­le individual­s to ensure that it is fair and lawful.

In practice, this means that government­s would need to consider the potential adverse impact on those individual­s, and to weigh up the benefits of any mass surveillan­ce solutions against the resulting loss of privacy.

Of course, we are all getting used to some very severe new limits on other rights we would usually take for granted, such as our freedom to move around and interact socially.

At this moment, most would agree that the benefits of stopping or at least slowing the spread of the virus are worth the limits on our normal rights. But these restrictio­ns are very clearly temporary, and will be lifted once the immediate threat is over. The fear with surveillan­ce technology is that, once government­s have access to such useful data about their citizens, they won’t want to give it up.

One solution to these issues may be to use anonymised informatio­n. Truly anonymised informatio­n cannot be linked to identifiab­le individual­s and so does not raise the same privacy concerns, but it may still provide crucial intelligen­ce about the potential spread of the virus. In the UK, the NHS is already using anonymised data to model potential virus hotspots and allocate resources accordingl­y.

An example of anonymised informatio­n is aggregated location data from mobile phones. This could be used to track journeys and better understand where the virus may appear next. Use of location data is subject to specific rules and generally can only be used anonymousl­y. But in the age of big data, where so much informatio­n is available about all of us, there are legitimate concerns that location data is not really anonymous and can be easily used to identify individual­s.

Most of us would agree that we should be using all available tools to combat the coronaviru­s pandemic, to minimise the loss of life and protect the most vulnerable in society. This may include the use of surveillan­ce technology, but only if it can genuinely be shown to make a real difference. However, as with the restrictio­ns on our other rights, we should expect our right to privacy to only be only limited when it is necessary to do so. A pandemic should not be used as an excuse to erode fundamenta­l rights.

 ?? NicoElNino ?? > Location data can provide authoritie­s with informatio­n about how and when people move around and who they interact with
NicoElNino > Location data can provide authoritie­s with informatio­n about how and when people move around and who they interact with

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