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49 11. The Equality Act 2010 does not include health, and certainly not contagious disease status, as a protected characteristic. One suggestion of the Coronavirus Safeguards Bill was that COVID-19 status become a protected characteristic. 12. ‘The Coronavirus (Safeguards) Bill 2020: Proposed protections for digital interventions and in relation to immunity certificates’, lead drafter Lilian Edwards, Professor of Law, Innovation and Society, Newcastle Law School. A team assisted, including Michael Veale, Orla Lynskey, Rachel Coldicutt, Nóra Loideain, Frederike Kaltheuner, Marion Oswald, Rossana Ducato, Burkhard Schafer, Elizabeth Renieris, Aileen McHarg, and Elettra Bietti. See: https://osf.io/preprints/ lawarxiv/yc6xu 13. Enacted in the temporary Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Public Health Contact Information) Determination 2020; see now Privacy Amendment (Public Health Contact Information) Act 2020: https://www.legislation. gov.au/Details/C2020A00044 14. See report in English at http:// www.loc.gov/law/foreign-news/ article/switzerland-regulation-onproximity-tracing-app-pilot-adopted ; the temporary Swiss regulation of 13 May 2020 is at: https://perma. cc/9MHZ-CC54

15. See: https://twitter. com/SilviaPetulante/ status/1267775151334133760 Liberty have also spoken out against coercion, see: https:// www.theguardian.com/law/2020/ apr/26/dont-coerce-public-overcoronavirus-contract-tracing-appsay-campaigners 16. See: https://www.parliament.uk/ business/committees/committeesa-z/joint-select/human-rightscommittee/news-parliament-2017/ covid-contact-tracing-app-draftbill-19-21 17. See: https://www.computerweekly. com/news/252483536/Hancockto-Harman-No-contact-tracingprivacy-law 18. Baroness Dido Harding in charge of Track and Trace for the UK announced on 18 June that the nascent NHSX app would only detect contacts with 4% of Apple phones. This seems to have been the key point that led to the demise of the centralised app. 19. For example Australia, whose app was downloaded after a month by 6mn users and only resulted in the known tracking of one contact who was infected (https:// twitter.com/grahamgreenleaf/ status/1265132223549673472) See for background on their law, G Greenleaf “Australia’s ‘COVIDSafe App’: An Experiment in Surveillance, Trust and Law” (2020) University of New South Wales Law Research Series 999.

Lilian Edwards is professor of law, innovation, and society at the School of Law, Newcastle University, United Kingdom.

Profile for Meatspace Press

Data Justice and COVID-19: Global Perspectives  

The COVID-19 pandemic has reshaped how social, economic, and political power is created, exerted, and extended through technology. Through c...

Data Justice and COVID-19: Global Perspectives  

The COVID-19 pandemic has reshaped how social, economic, and political power is created, exerted, and extended through technology. Through c...

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