Protecting Civil Liberties During Covid-19: Eshoo, Schakowsky, Cardenas, DelBene, Butterfield, Clarke Introduce The Public Health Emergency Privacy Act

Statement

As tech companies and public health agencies deploy contact tracing apps and digital monitoring tools to fight the spread of COVID-19, U.S. Representatives Anna G. Eshoo (D-CA), Jan Schakowsky (D-IL), and Tony Cardenas (D-CA), G.K. Butterfield (D-NC), and Yvette D. Clarke (D-NY) along with U.S. Senators Richard Blumenthal (D-CT) and Mark Warner (D-VA), introduced the Public Health Emergency Privacy Act to set strong and enforceable privacy and data security rights for health information.

After decades of data misuse, breaches, and privacy intrusions, Americans are reluctant to trust tech firms to protect their sensitive health information -- according to a recent poll, more than half of Americans would not use a contact tracing app and similar tools from Google and Apple over privacy concerns. The bicameral Public Health Emergency Privacy Act would protect Americans who use this kind of technology during the pandemic and safeguard civil liberties. Strengthened public trust will empower health authorities and medical experts to leverage new health data and apps to fight COVID-19.

"As we continue to respond to the devastating suffering caused by COVID-19, our country's first and foremost public health response must be testing, testing, testing, AND manual contact tracing. Digital contact tracing can and should complement these efforts, but it is just that -- complimentary. However, if we do pursue digital contact tracing, consumers need clearly-defined privacy rights and strong enforcement to safeguard these rights. I am proud to introduce this bill with my friend and fellow Energy & Commerce Subcommittee Chairwoman Eshoo, along with Senators Blumenthal and Warner," said Schakowsky. "It's our shared belief that swift passage of this legislation would go a long way towards establishing the trust American consumers need -- and which Big Tech has squandered, time and again -- for digital contact tracing to be a worthwhile auxiliary to widespread testing and manual contact tracing."

"I'm thankful that our country is blessed with the world's best innovators and technologists, many of whom I represent in the House, and that they have joined the effort to combat the coronavirus by using technology to control the spread of the virus," said Eshoo. "As we consider new technologies that collect vast amounts of sensitive personal data, we must not lose site of the civil liberties that define who we are as a nation. I'm proud to join my colleagues to introduce the Public Health Emergency Privacy Act, strong and necessary legislation that protects the privacy of every American while ensuring that innovation can aid important public health efforts."

Cardenas added, "as we work to contain the spread of the virus and mitigate its effects, we should and must use every resource available, but we cannot allow that urgency to ignore the civil liberties of American citizens, especially those of our most vulnerable. This bill puts in place legislative safeguards that will protect Americans from having their sensitive health data misused by bad actors. Our response to COVID-19 must be swift and strong, but not at the expense of individual privacy."

"Science tells us that until there is a safe, effective, and widely available vaccine to COVID-19 that robust testing and contact tracing will be two of the most important tools we have to combat this virus. Technology, such as contact tracing apps, may hold promise to assist these efforts," said Rep. Butterfield. "However, it is critical that tools such as these include privacy protections that vigorously protect Americans. The Public Health Emergency Privacy Act will provide critical safeguards to ensure that civil liberties are not trampled on in the name of progress. I am especially pleased to see robust voting rights protections which are essential to protect our democracy."

"As the representative of one of the hardest-hit communities by COVID-19, it's imperative that we respond to this devastating global public health crisis at every angle. Bringing increased testing resources and manual contact tracing along with the newest and best innovation to our most vulnerable communities is the American way," said Congresswoman Clarke. "Implementing digital contact tracing would play a crucial role in tackling the spread of this pandemic head-on, but while we work to protect the good health of our beloved constituents; we must simultaneously work to protect their personal data privacy. The passage of the Public Health Emergency Privacy Act ensures that the sensitive health data of all Americans will be protected and secured as we tap into technological measures as a means to combat coronavirus. I'm a proud supporter of this legislation because American consumers deserve transparent data privacy rights. The passage of this bill will build the trust of American consumers, which is needed as we develop safe digital contact tracing practices to mobilize our nation's innovative technological resources and public health efforts during this crisis."

"This measure sets strict and straightforward privacy protections and promises: Your information will be used to stop the spread of this disease, and no more," Blumenthal said. "Legal safeguards protecting consumer privacy failed to keep pace with technology, and that lapse is costing us in the fight against COVID-19. Americans are rightly skeptical that their sensitive health data will be kept safe and secure, and as a result, they're reluctant to participate in contact tracing programs essential to halt the spread of this disease. The Public Health Emergency Privacy Act's commitment to civil liberties is an investment in our public health."

"Communications technology has obviously played an enormously important role for Americans in coping with and navigating the new reality of COVID-19 and new technology will certainly play an important role in helping to track and combat the spread of this virus. Unfortunately, our health privacy laws have not kept pace with the privacy expectations Americans have come to expect for their sensitive health data," Warner said. "Absent a clear commitment from policymakers to improving our health privacy laws, as this important legislation seeks to accomplish, I fear that creeping privacy violations could become the new status quo in health care and public health. The credibility -- and indeed efficacy -- of these technologies depends on public trust."

"We must use every tool available to us to respond to the COVID-19 pandemic. Contract tracing, along with testing, are the cornerstones of a science-based approach to addressing this historic crisis. We can protect our public health response and personal data privacy," said DelBene. "I have been calling on the Trump administration and the private sector to adopt data privacy principles since the start of this outbreak. It is time for Congress to lead the way in assuring we have a strong national contact tracing system and that Americans' personal data is protected. This bill will achieve this mutual goal."

Eshoo, Schakowsky, and DelBene introduced House legislation with original co-sponsors House Energy and Commerce Committee Vice Chair Yvette Clarke (D-NY), Health Subcommittee Vice Chair G. K. Butterfield (D-NY), and Consumer Protection & Commerce Subcommittee Vice Chair Tony Cárdenas (D-CA).