COVID-19 Privacy Proposals on Both Sides of the Aisle: A Comparison

COVID-19 Privacy Proposals on Both Sides of the Aisle: A Comparison

Privacy risks of using big data in the fight against COVID-19 are significant, and have caught the attention of Republicans and Democrats alike.


Earlier this month we reported on a bill introduced on May 7 by Republican members of the Senate Commerce, Science and Transportation Committee: the COVID-19 Consumer Data Protection Act of 2020. The proposed bill would temporarily regulate the collection, transfer, and processing of certain personal data in connection with COVID-19 related purposes.


On May 14, Democrats responded with their own plan: the Public Health Emergency Privacy Act (“PHEPA”). The bicameral effort was introduced by Senators Blumenthal (D-CT) and Warner (D-VA) in the Senate, as well as Representatives Eshoo (D-CA), Schakowsky (D-IL) and DelBene (D-WA) in the House. Similar to the Republican proposal, PHEPA would temporarily regulate the collection, use and disclosure of emergency health data in connection with COVID-19.


A key aim of PHEPA is to regulate tech companies and public health agencies that deploy contact tracing applications and digital monitoring tools. “After decades of data misuse, breaches, and privacy intrusions, Americans are reluctant to trust tech firms to protect their sensitive health information,” the press release announcing the proposal stated. Calling attention to the counterproductive effects of low participation in use of contact tracing applications and digital monitori ..

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