The COVID-19 Contact Tracing App In England and ‘Experimental Proportionality’

Oswald, Marion and Grace, Jamie (2020) The COVID-19 Contact Tracing App In England and ‘Experimental Proportionality’. Public Law. ISSN 0033-3565 (In Press)

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Covid 19 Contact tracing apps and Experimental Proportionality - Revised final version - 07.09.2020.pdf - Accepted Version
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Abstract

In this analysis, we review the history of the contact tracing app developed by England's National Health Service and the differences of opinion over so-called ‘centralised’ and ‘decentralised’ technical approaches. The focus on data protection concerns has drawn attention away from more expansive human rights considerations, and we argue that human rights law should guide our assessment of the legal implications of a decision to deploy a contact tracing app. Acknowledging the uncertain situation presented by the coronavirus pandemic, we revisit our ‘experimental proportionality’ model first described in 2018. We demonstrate that, combined with a robust and rolling oversight function, this model of proportionality review could assist in upholding a fair balance between the rights of the individual and the interests of the community in situations of uncertainty and crisis.

Item Type: Article
Uncontrolled Keywords: coronavirus, COVID-19, law, technology, contact tracing, human rights, proportionality
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Elena Carlaw
Date Deposited: 09 Oct 2020 11:32
Last Modified: 09 Oct 2020 12:30
URI: http://nrl.northumbria.ac.uk/id/eprint/44465

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