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Data Privacy During Pandemics: a Scorecard Approach for Evaluating C O R P O R A T I O N BENJAMIN BOUDREAUX, MATTHEW A. DENARDO, SARAH W. DENTON, RICARDO SANCHEZ, KATIE FEISTEL, HARDIKA DAYALANI Data Privacy During Pandemics A Scorecard Approach for Evaluating the Privacy Implications of COVID-19 Mobile Phone Surveillance Programs rr-a365_cover.indd All Pages 7/23/20 3:11 PM For more information on this publication, visit www.rand.org/t/RRA365-1 Library of Congress Cataloging-in-Publication Data is available for this publication. ISBN: 978-1-9774-0563-0 Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2020 RAND Corporation R® is a registered trademark. Cover: Photo illustration by Dori Gordon Walker/RAND Corporation Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND Make a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Preface Public health officials worldwide are struggling to manage coronavirus disease 2019 (COVID-19), a highly infectious and lethal disease that still is only beginning to be understood. As part of the response, governments have leveraged new data- collection and data-analysis capabilities through mobile phones. COVID-19 mobile surveillance programs have been used to augment traditional public health interventions, includ- ing the tracking of COVID-19 symptoms, mapping population movement, tracing contacts of infected persons, enforcing quarantine orders, and authorizing movement. Although these mobile surveillance programs enable key public health interventions to mitigate the pandemic, they also raise concerns that the privacy of users will be violated. In this report, we consider whether two potentially competing goals can be achieved concurrently: (1) the use of mobile phones as public health surveillance tools that help to manage COVID-19 and future public health crises, and (2) the protection of privacy and civil liberties. We first analyze the pandemic response opportunities available through mobile phone technologies and categorize them according to their public health objectives. We then identify a set of privacy criteria that provide the foun- dation for developing a “privacy scorecard.” The privacy scorecard is intended as a con- cise, transparent, and standardized model for evaluating the privacy of mobile phone– based health surveillance programs that have been employed in the United States and around the world. We use the privacy scorecard to evaluate 40 distinct public health mobile surveillance programs across 20 countries. We conclude by offering recommen- dations for U.S. federal, state, and local officials on how to protect privacy while using public health mobile surveillance programs, and for mobile phone users so they might proceed with greater understanding of short-term and potentially long-term privacy implications. Funding Funding for this research was made possible by the independent research and devel- opment provisions of the RAND Corporation’s contracts for the operation of its U.S. Department of Defense federally funded research and development centers. iii Contents Preface ................................................................................................. iii Figures .................................................................................................vii Tables .................................................................................................. ix Summary .............................................................................................. xi Acknowledgments ................................................................................. xvii Abbreviations ........................................................................................ xix CHAPTER ONE Introduction ........................................................................................... 1 Research Objective and Scope ........................................................................ 3 Research Approach ..................................................................................... 4 Outline .................................................................................................. 6 CHAPTER TWO Mobile Surveillance Programs in COVID-19 Response ...................................... 7 Symptom Tracking ....................................................................................11 Movement and Population Density Maps .........................................................14 Contact Tracing .......................................................................................17 Quarantine Enforcement .............................................................................21 Health and Immunity Passes ....................................................................... 23 CHAPTER THREE Privacy Scoring for Mobile Surveillance Programs .......................................... 27 Overview of the Right to Privacy ................................................................. 27 Privacy Scorecards ....................................................................................31 Conclusion ........................................................................................... 44 CHAPTER FOUR Recommendations ...................................................................................45 Federal Government ..................................................................................45 State and Local Government ....................................................................... 50 Mobile Phone Users ...................................................................................51 v vi Data Privacy During Pandemics APPENDIXES A. Privacy Scoring Methodology .................................................................53 B. Mobile Phone Data Surveillance Program Scorecards ....................................63 References ........................................................................................... 121 Figures 2.1. Examples of Mobile Surveillance Programs Worldwide ............................. 9 3.1. Overview of Mobile Phone Program Privacy Scores ................................41 3.2. Overall Scoring of the Privacy Criteria ............................................... 43 vii Tables S.1. Public Health Objectives and Pre-COVID-19 Examples ...........................xii S.2. Program Tools, Examples, and Usability Considerations ..........................xiii S.3. Key Privacy Criteria and Questions ...................................................xv S.4. Summary of Recommendations ...................................................... xvi 2.1. Mobile Surveillance Program Objectives, Definitions, and Pre-COVID-19 Examples .................................................................................. 8 2.2. Summary of Mobile Surveillance Objectives and Examples .......................11 3.1. Privacy Scorecard Criteria and Questions ........................................... 34 3.2. Scored Programs by Category and Country ......................................... 40 4.1. Summary of Recommendations ...................................................... 46 A.1. Privacy Scoring Overview ............................................................. 54 B.1. Programs with the Most Fully and Most Not Satisfied Criteria ...................63 B.2. Privacy Criteria with Most Satisfied and Not Satisfied Scores .................... 64 B.3. Iran: AC19 COVID Detection App ...................................................65 B.4. Brazil: Coronavírus—SUS App ....................................................... 66 B.5. Mexico: COVID-19MX App ..........................................................67 B.6. United States: Apple COVID-19 Screening Tool ................................... 68 B.7. United States: Project Baseline COVID-19 Testing Program by Verily ...........69 B.8. United States: COVID Near You App ................................................70 B.9. United States: Facebook Data for Good App ........................................72 B.10. United States: K-Health Telemedicine App ..........................................74 B.11. United States: Kinsa App and U.S. Health Weather Map ..........................76 B.12. United Kingdom: COVID Symptom Tracker App .................................78 B.13. Taiwan: LINE Chatbot .................................................................79 B.14. Latin America: Coronavirus Impact Dashboard .....................................81 B.15. United States: Apple Mobility Trends Reports .......................................82 B.16. United States: Carnegie Mellon University COVIDcast .......................... 84 B.17.
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