04/07/2020
Public intellectuals are in universal agreement that the government should dramatically curtail our freedom of movement in order to reduce the risk and damage from COVID-19, but proposals to use geolocation data to facilitate contact tracing are much more controversial. Since testing and tracking will be the only way to relieve us from lockdowns before herd immunity is established, our cultural commitment to privacy is in direct conflict with other fundamental liberties. Jane R. Bambauer argues that reflexive reactions to data-sharing show that individual control over personal data is inappropriate in times of crisis. They also expose a defect in our privacy theories that runs deeper than the coronavirus crisis, and should raise questions about how we regulate privacy even outside periods of distress.
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Jane Bambauer, (Professor of Law, University of Arizona James E. Rogers College of Law]....