Dr Chao-tien (cindy) Chang1
1National Taiwan University, Graduate Institute of National Development, Taiwan
Biography:
Chao-Tien Chang is an Associate Professor at the Graduate Institute of National Development, National Taiwan University. She earned her Doctor of Jurisprudence (S.J.D.) from the University of Pennsylvania Law School, USA. Her research interests include bioethics and law, law and aging, as well as law and technology. Her research has appeared on Michigan Technology Law Review, Wisconsin International Law Journal, National Taiwan University Law Journal (in Chinese), Academia Sinica Law Journal (in Chinese). Before entering academia, she was a licensed lawyer in both Taiwan and New York State.
Abstract:
During the COVID-19 pandemic, public health surveillance became crucial in countering the spread of the virus. Given the rapid and asymptomatic spread of COVID-19, digital surveillance appeared to supplement the limitations of traditional contact tracing. Digital contact tracing and GPS location data collection were expected to be effective and less restrictive alternatives to measures such as lockdowns; however, they also raised significant privacy concerns.
This article takes a retrospective look at the legal issues surrounding digital contact tracing in the current post-pandemic era. The first part of the article reviews questions related to digital contact tracing, revealing common issues such as the secret collection and use of data without consent, intrusive tracking and monitoring of location and contact data, improper secondary use of data, and discriminatory impacts on vulnerable groups.
Building on these observations, the second part of the article reviews post-pandemic laws and policies in response to pandemic surveillance, primarily focusing on the WHO Report “Future Surveillance” and the “Principles and Guidelines on Human Rights and Public Health Emergencies,” collaboratively formed by international legal experts. The article also references relational theory, which advocates looking beyond individualistic data protection and instead taking into account the context and power structure of surveillance. Through a relational lens, the article aims to address gaps that may contribute to future public health emergency preparedness.