Vaccine passports underscore the necessity of U.S. privacy legislation

By Nicol Turner-Lee, Samantha Lai, Emily Skahill

Vaccination rates are on the rise and several countries, including the United States, are relaxing public health restrictions as they steer toward a full reopening. Digital health certificates, or vaccine passports, are part of these efforts as a number of organizations are requiring proof of vaccination, including commercial airlines, employers, colleges and universities, and retail establishments. But while digital health certificates may facilitate a safer reopening and faster economic recovery, technological solutions to vaccine verification also raise valid concerns about the privacy of personal health data and their potential to exacerbate racial and socioeconomic inequities. If implemented without needed privacy protections, the vaccine passports could foreclose economic and social opportunities for those without immunization proof.

As Congress continues to debate the need for federal privacy legislation, now is the time to implement a national standard on how personal data is collected and processed to avoid the abuse of fundamental rights. Federal privacy legislation should be a national imperative as digital health certificates become more commonplace to ensure short- and long-term data protections, especially as more private companies are either collecting or requiring vaccination data.

The EU has already recognized potential consumer abuses in its implementation of the Digital Green Certificate, which will be fully operative by July. But the EU passport has a firm basis in the General Data Protection Regulation (GDPR) laws to increase public confidence in its use. Similarly, Israel initiated the “Green Pass” system in February, which enables vaccinated people to download “a health ministry app linked to their medical files” or present a vaccination certificate to gain access to gyms, hotels, theaters, indoor dining, and other venues that are reserved exclusively for the vaccinated. Denmark, the U.K., China, Singapore, Malaysia, and India have also developed vaccine passports.

By contrast, the incongruent efforts across the United States to mandate or strongly recommend the use of vaccine passports have faltered largely due to partisanship and some acknowledgment of the absence of an omnibus data privacy law. While New York State has launched its own digital health certificate, the Excelsior Pass, and San Francisco has mandated that all city employees must be vaccinated against COVID-19, states including Arkansas, Florida, and Indiana have successfully passed laws prohibiting COVID-19 vaccination requirements. As of May 6, state bills have passed at least one legislative chamber in Alabama, Iowa, Missouri, Tennessee, and Texas, and similar measures have been introduced in Alaska, California, Michigan, Minnesota, New Jersey, Ohio, and Washington.

Intense political opposition to vaccine passports stems from a uniquely American conception of liberty. The Supreme Court’s landmark case, Jacobson v. Massachusetts, shows that there is well-established precedent for states to intervene with individual rights in order to protect public health. As Ceylan Yeginsu of the New York Times argues, the term “vaccine passport” is polarizing and misleading. The author writes that “a passport is issued by a government and certifies personal data, [so] many people fear that if they are required to have one related to the coronavirus, they will be handing over personal and sensitive health data” that may be abused by data controllers.

Yenginsu’s observation highlights the need for a comprehensive federal privacy law to replace the current patchwork of privacy laws in the United States. As the EU’s experience with the Digital Green Certificate under GDPR demonstrates, the efficient creation and deployment of a vaccine verification system can effectively facilitate interstate travel and engagement in other activities while safeguarding personal data and respecting fundamental human rights. This is largely because both European lawmakers and citizens have some confidence and trust in the technological solutions to the pandemic and potential recourse for enforcement.

The case for digital health certificates

For over a century, health certificates have played a vital role in advancing global health security. As early as the 1880s, students and teachers had to present vaccination cards as proof of inoculation against smallpox. In the 1920s and 1930s, countries began requiring airline passengers to provide vaccination certificates. By 1959, the World Health Organization’s creation of the International Certification of Vaccination (“yellow card”) led to enormous progress in the suppression or eradication of diseases like cholera and smallpox, lending credence to the utility of vaccine passports.

Today, advancements in technology promise to make vaccine verification more convenient and secure. With a digital health certificate, a smartphone is the ticket to normalcy. Digital platforms provide strong authentication for proof of vaccination, verifying that the health certificate is genuine and belongs to the person who is presenting the data. In New York, where COVID-19 vaccine verification is required for major sporting events and other large gatherings, smartphone owners can simply scan a QR code that certifies their vaccination status. Due to the rampant sale of fraudulent versions of the CDC’s paper vaccination card, the stronger authentication measures provided by digital health certificates may be mission-critical to the success of vaccine verification efforts in the United States.

Digital health certificates can also induce a speedier economic recovery by establishing a measure of public confidence that returning to work, eating at a restaurant, shopping at a local boutique, or engaging in other forms of economic activity will not result in recharged infection rates. Vaccine passports can expedite international travel by lifting certain travel restrictions, such as testing and quarantine requirements, leading to a rebound in tourism.

International travel and admittance to venues like theaters and indoor sports stadiums furthermore provide strong incentives to the rendering of vaccination proof, especially for people who are initially skeptical of the vaccine and could nudge the U.S. population closer to herd immunity. As of June 24, 45% of Americans had been fully vaccinated, but 70 to 85% of the entire population needs to be vaccinated to achieve herd immunity.

However, despite the wide-ranging economic and public health benefits, digital health certificates raise a plethora of ethical concerns regarding their ability to safeguard user data and contribute to an equitable pandemic response.

Barriers to privacy and equity

Safeguarding privacy is one of the core issues surrounding the use of a digital health certificate in the United States. Digital vaccine passports may contain sensitive medical information in a centralized database, so individuals’ vaccination data may be vulnerable to data breaches, government surveillance, or corporate misuse depending on what privacy and security measures are in place and what entities have access to the data. The Biden administration has already announced that “there will be no centralized, universal federal vaccinations database,” but companies like CVS and Walgreens that have played a major role in getting shots into Americans’ arms must keep detailed vaccination records.

As a result, private companies may lead vaccine passport development in the United States. IBM and CLEAR are two front-runners that have designed vaccine verification technology for use by major employers, sports stadiums, and airports. The New York Times has also reported that United, JetBlue, and Lufthansa airlines plan to use the CommonPass, developed by The Commons Project, World Economic Forum, and Rockefeller Foundation, to enable passengers to fly to certain destinations. The International Chamber of Commerce and International Air Transportation Association are also creating vaccine verification apps for international travel.

The lack of a comprehensive federal privacy law potentially heightens the risks involved with sharing sensitive personal health information (PHI), such as vaccination status, with a commercial entity. For example, if a person records PHI on a patient intake form at a medical facility, that information is protected by the Health Insurance Portability and Accountability Act (HIPAA), but that same data is not protected if they enter it into a popular fitness or health app. Moreover, it is unclear whether CVS, Walgreens, and other clinics—which are storing vaccination data for millions of Americans—have the same legal responsibility as medical providers to protect PHI. Without regulations to guard against the improper use and sale of personal information, commercial vaccine passports may carry strong privacy risks. This is particularly true if vaccine verification becomes mandatory to participate in everyday life, giving people little choice but to hand over sensitive data to private companies.

Equity is also a major concern regarding the ethical implementation of digital vaccine passports. The increasing disparities of vaccination rates among more vulnerable populations such as low-income, people of color will be a factor in whether a person is included in a range of public and private activities. Among historically disadvantaged populations who are hesitant to get the vaccine due to other medical conditions, will they be fairly treated, or further manipulated by the possible mandatory requirement of a vaccine passport?

In April, when vaccine demand exceeded the U.S. supply, the Kaiser Family Foundation reported that people of color and people of low socioeconomic status were being vaccinated at lower rates across the United States. In the early stages of vaccine distribution, then, a mandatory vaccine passport system would have exacerbated racial and socioeconomic disparities by creating a “two-tiered society” in which white and wealthy people would disproportionately enjoy the freedom to travel, work, and attend gatherings. As a result, scholars argued in a Brookings blog post that vaccine verification should only be mandatory for people who are able to receive the COVID-19 vaccine to mitigate inequities.

However, these scholars suggest that “once COVID-19 vaccines are widely and easily available, entities may—and perhaps ought to—require vaccine verification.” This suggestion flows to a fundamental idea of fairness expressed by Mark Hall and David Studdert in the New England Journal of Medicine. They argue that “requiring people who decline vaccination to bear some consequence for their refusal seems only fair, especially if, collectively, such hesitancy puts herd immunity out of reach.” Thus, how will data privacy be implemented for populations who outright refuse protective immunity?

Finally, digital health certificates can further widen the digital divide. Data from the Pew Research Center shows that smartphone ownership is lowest among rural and minority communities. Additionally, many older Americans struggle to operate smartphone apps. As a result, large swaths of the American population may be unable to access a digital vaccine passport, even if it was an option. To ameliorate digital divide concerns, many countries with digital vaccine verification systems are also accepting paper vaccine records from those unable to provide a digital health certificate and negative COVID-19 tests from those who are not vaccinated.

As the current debate over digital health certificates becomes more prominent, the conversations should start with data privacy as the basis for discussion, especially if such technological solutions are being done in the public interest. The future of the nation’s pandemic recovery may depend on providing evidence of vaccinations while also protecting personal privacy.

By adminPosted on

246 Replies to “Vaccine passports underscore the necessity of U.S. privacy legislation”

  3. You are so interesting! I don’t suppose I’ve read through anything like that before. So great to discover another person with unique thoughts on this subject matter. Really.. many thanks for starting this up. This website is one thing that’s needed on the web, someone with a little originality!

  6. I would like to thank you for the efforts you’ve put in writing this site. I really hope to check out the same high-grade blog posts from you later on as well. In fact, your creative writing abilities has motivated me to get my own, personal website now 😉

  14. I will right away grab your rss feed asI can’t find your email subscription hyperlink or newsletter service.Do you have any? Please permit me know so that I could subscribe.Thanks.

  21. You’ve made some decent points there. I looked on the net to find out more about the issue and found most people will go along with your views on this website.

  23. We’re a gaggle of volunteers and starting a brand new scheme in our community. Your website offered us with valuable information to work on. You’ve done a formidable process and our whole group will likely be grateful to you.|

  27. Oh my goodness! Incredible article dude! Many thanks, However I am encountering problems with your RSS. I don’t understand why I am unable to join it. Is there anybody having identical RSS problems? Anyone that knows the answer can you kindly respond? Thanks!!

  29. I blog often and I really appreciate your information. This great article has really peaked my interest. I am going to bookmark your site and keep checking for new information about once per week. I opted in for your RSS feed too.

  39. Admiring the commitment you put into your blog and in depth information you offer. It’s good to come across a blog every once in a while that isn’t the same unwanted rehashed information. Excellent read! I’ve bookmarked your site and I’m including your RSS feeds to my Google account.|

  45. The very next time I read a blog, Hopefully it doesn’t fail me as much as this one. I mean, Yes, it was my choice to read through, but I actually thought you’d have something interesting to say. All I hear is a bunch of crying about something that you can fix if you were not too busy searching for attention.

  50. I’d like to thank you for the efforts you have put in writing this website. I really hope to check out the same high-grade blog posts from you in the future as well. In fact, your creative writing abilities has encouraged me to get my very own blog now 😉

  51. I’m not sure where you are getting your information, but good topic. I needs to spend some time learning more or understanding more. Thanks for great information I was looking for this information for my mission.|

  53. This is the right site for anyone who hopes to understand this topic. You understand so much its almost hard to argue with you (not that I personally will need to…HaHa). You definitely put a fresh spin on a topic that’s been written about for many years. Excellent stuff, just great!

  54. Definitely believe that which you said. Your favorite reason seemed to be on the web the simplest thing to be aware of. I say to you, I certainly get annoyed while people think about worries that they just do not know about. You managed to hit the nail upon the top and also defined out the whole thing without having side effect , people can take a signal. Will likely be back to get more. Thanks|

  55. You’re so cool! I don’t believe I have read through a single thing like this before. So wonderful to find somebody with some unique thoughts on this topic. Seriously.. many thanks for starting this up. This site is something that is required on the web, someone with some originality!

  60. Howdy! This blog post could not be written much better! Looking at this article reminds me of my previous roommate! He constantly kept talking about this. I will forward this information to him. Pretty sure he’ll have a very good read. Thank you for sharing!

  65. I’m more than happy to uncover this great site. I want to to thank you for your time due to this wonderful read!! I definitely enjoyed every part of it and i also have you bookmarked to check out new things in your website.

  67. An outstanding share! I’ve just forwarded this onto a co-worker who had been conducting a little research on this. And he in fact bought me dinner because I stumbled upon it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanx for spending time to discuss this subject here on your website.

  70. I am really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you modify it yourself? Either way keep up the excellent quality writing, it is rare to see a nice blog like this one nowadays..

  77. Having read this I thought it was rather enlightening. I appreciate you finding the time and effort to put this short article together. I once again find myself personally spending a lot of time both reading and leaving comments. But so what, it was still worthwhile!

  85. Wow that was strange. I just wrote an extremely long comment butafter I clicked submit my comment didn’t appear.Grrrr… well I’m not writing all that over again. Regardless, just wanted to say excellent blog!

  90. Do you have a spam issue on this blog; I also am a blogger, and I was curious about your situation; we have developed some nice methods and we are looking to trade techniques with others, be sure to shoot me an email if interested.

  95. It is actually a nice and useful piece of information.I am happy that you just shared this helpful info with us.Please stay us up to date like this. Thanks for sharing.

  96. A fascinating discussion is definitely worth comment. There’s no doubt that that you should write more on this subject, it may not be a taboo matter but typically people do not talk about such subjects. To the next! Cheers!!

  98. I’ll right away clutch your rss feed as I can not to find your email subscription link or e-newsletter service. Do you’ve any? Please allow me recognise so that I may subscribe. Thanks.

  101. An impressive share! I’ve just forwarded this onto a colleague who has been doing a little research on this. And he actually ordered me breakfast because I discovered it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanks for spending time to discuss this issue here on your web page.

  102. Very nice post. I simply stumbled upon your blog and wanted to say that I’ve truly enjoyed browsing your blog posts. In any case I will be subscribing to your feed and I’m hoping you write once more very soon!

  107. Good day! I could have sworn I’ve been to this blog before but after browsing through many of the posts I realized it’s new to me. Anyways, I’m certainly pleased I came across it and I’ll be book-marking it and checking back frequently!

  109. Right here is the perfect blog for anybody who hopes to find out about this topic. You understand a whole lot its almost tough to argue with you (not that I really would want to…HaHa). You definitely put a brand new spin on a subject which has been discussed for many years. Great stuff, just wonderful!

  113. I’d like to thank you for the efforts you’ve put in writing this site. I am hoping to view the same high-grade content by you later on as well. In fact, your creative writing abilities has inspired me to get my own blog now 😉

  114. Hello there, I do think your blog may be having web browser compatibility issues. When I take a look at your blog in Safari, it looks fine but when opening in IE, it has some overlapping issues. I simply wanted to give you a quick heads up! Aside from that, great site!

  123. Hi, I do think this is a great web site. I stumbledupon it 😉 I am going to return once again since i have book marked it. Money and freedom is the best way to change, may you be rich and continue to guide others.

  125. Next time I read a blog, Hopefully it does not fail me as much as this particular one. After all, I know it was my choice to read, but I genuinely thought you would probably have something useful to say. All I hear is a bunch of complaining about something you could fix if you were not too busy looking for attention.

  128. Oh my goodness! Incredible article dude! Thank you so much, However I am having issues with your RSS. I don’t understand the reason why I cannot join it. Is there anybody else having the same RSS issues? Anyone who knows the solution will you kindly respond? Thanx!!

  130. Nice post. I learn something totally new and challenging on blogs I stumbleupon on a daily basis. It’s always helpful to read through content from other writers and practice something from their websites.

  133. After going over a number of the blog articles on your website, I seriously appreciate your technique of writing a blog. I book-marked it to my bookmark webpage list and will be checking back soon. Please check out my web site too and tell me your opinion.

  134. I blog often and I seriously appreciate your information. This article has truly peaked my interest. I will take a note of your site and keep checking for new details about once per week. I subscribed to your Feed too.

  137. I’m impressed, I have to admit. Rarely do I come across a blog that’s equally educative and entertaining, and let me tell you, you’ve hit the nail on the head. The issue is something which too few folks are speaking intelligently about. Now i’m very happy that I found this during my search for something regarding this.

  138. Hi there, I do think your site might be having web browser compatibility problems. Whenever I look at your web site in Safari, it looks fine however, when opening in IE, it’s got some overlapping issues. I just wanted to provide you with a quick heads up! Other than that, wonderful website!

  139. Your style is unique compared to other people I have read stuff from. Thank you for posting when you’ve got the opportunity, Guess I will just book mark this page.

  143. I would like to thank you for the efforts you’ve put in penning this blog. I really hope to view the same high-grade blog posts from you in the future as well. In truth, your creative writing abilities has inspired me to get my very own site now 😉

  144. I blog often and I truly thank you for your information. This great article has really peaked my interest. I’m going to book mark your site and keep checking for new details about once a week. I opted in for your RSS feed too.

  145. When I initially left a comment I seem to have clicked on the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive 4 emails with the same comment. There has to be an easy method you are able to remove me from that service? Cheers!

  151. I’d like to thank you for the efforts you’ve put in writing this website. I’m hoping to see the same high-grade blog posts by you in the future as well. In truth, your creative writing abilities has encouraged me to get my own, personal blog now 😉

  155. After I originally commented I appear to have clicked on the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive 4 emails with the same comment. Perhaps there is an easy method you are able to remove me from that service? Appreciate it!

  159. Oh my goodness! Awesome article dude! Thanks, However I am having troubles with your RSS. I don’t understand the reason why I can’t join it. Is there anyone else getting similar RSS issues? Anybody who knows the solution will you kindly respond? Thanks!!

  164. Aw, this was an exceptionally good post. Spending some time and actual effort to make a good article… but what can I say… I put things off a whole lot and never manage to get anything done.

  170. I’m impressed, I must say. Rarely do I encounter a blog that’s equally educative and amusing, and without a doubt, you have hit the nail on the head. The issue is an issue that too few folks are speaking intelligently about. I’m very happy I found this during my search for something regarding this.

  174. Hi there! I could have sworn I’ve visited this site before but after looking at a few of the articles I realized it’s new to me. Nonetheless, I’m certainly happy I discovered it and I’ll be bookmarking it and checking back frequently!

  178. This is the perfect blog for anyone who wants to find out about this topic. You know so much its almost tough to argue with you (not that I personally would want to…HaHa). You definitely put a brand new spin on a subject that has been discussed for a long time. Excellent stuff, just wonderful!

  180. After I originally left a comment I appear to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I get four emails with the exact same comment. There has to be a way you can remove me from that service? Thanks a lot!

  182. Spot on with this write-up, I absolutely believe that this web site needs much more attention. I’ll probably be back again to see more, thanks for the info!

  183. An impressive share! I’ve just forwarded this onto a colleague who has been conducting a little homework on this. And he actually bought me breakfast because I discovered it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanks for spending the time to discuss this subject here on your website.

  190. An intriguing discussion is worth comment. There’s no doubt that that you ought to publish more on this topic, it might not be a taboo subject but usually people don’t discuss such issues. To the next! Cheers!!

  192. An impressive share! I’ve just forwarded this onto a coworker who was doing a little research on this. And he in fact bought me dinner due to the fact that I discovered it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanks for spending some time to discuss this issue here on your blog.

  194. Having read this I believed it was really enlightening. I appreciate you taking the time and effort to put this content together. I once again find myself personally spending a lot of time both reading and posting comments. But so what, it was still worthwhile!

  199. After I originally commented I appear to have clicked on the -Notify me when new comments are added- checkbox and now every time a comment is added I receive 4 emails with the same comment. There has to be a means you are able to remove me from that service? Appreciate it!

  201. Next time I read a blog, I hope that it does not fail me just as much as this one. After all, Yes, it was my choice to read through, nonetheless I actually believed you would have something helpful to say. All I hear is a bunch of whining about something you could fix if you were not too busy looking for attention.

  204. You are so awesome! I do not think I’ve truly read through something like this before. So wonderful to discover somebody with original thoughts on this topic. Really.. thanks for starting this up. This website is one thing that is needed on the web, someone with a little originality!

  207. Oh my goodness! Awesome article dude! Thank you, However I am having issues with your RSS. I don’t understand why I can’t join it. Is there anyone else having identical RSS problems? Anybody who knows the answer will you kindly respond? Thanx!!

  211. Hi, I do believe this is an excellent web site. I stumbledupon it 😉 I’m going to return yet again since I book marked it. Money and freedom is the greatest way to change, may you be rich and continue to guide others.

  219. I have not checked in here for some time as I thought it was getting boring, but the last few posts are good quality so I guess I¡¦ll add you back to my daily bloglist. You deserve it my friend 🙂

  220. I am extremely impressed with your writing skills as well as with the layout on your blog. Is this a paid theme or did you modify it yourself? Either way keep up the excellent quality writing, it’s rare to see a nice blog like this one these days.

  246. Hey there! Do you know if they make any plugins to assist with SEO?I’m trying to get my blog to rank for some targetedkeywords but I’m not seeing very good gains. If youknow of any please share. Kudos!

Leave a Reply