The emergence of the novel coronavirus has left the world in turmoil. COVID-19, the disease caused by the virus, has reached virtually every corner of the world, with the number of cases exceeding a million and the number of deaths more than 50,000 worldwide. It is a situation that will affect us all in one way or another.
With the imposition of lockdowns, limitations of movement, the closure of borders and other measures to contain the virus, the operating environment of law enforcement agencies and those security services tasked with protecting the public from harm has suddenly become ever more complex. They find themselves thrust into the middle of an unparalleled situation, playing a critical role in halting the spread of the virus and preserving public safety and social order in the process. In response to this growing crisis, many of these agencies and entities are turning to and related technologies for support in unique and innovative ways. Enhancing surveillance, monitoring and detection capabilities is high on the priority list.
For instance, early in the outbreak, Reuters reported a case in China wherein the authorities relied on facial recognition cameras to track a man from Hangzhou who had traveled in an affected area. Upon his return home, the local police were there to instruct him to self-quarantine or face repercussions. Police in China and Spain have also started to use technology to enforce quarantine, with drones being used to patrol and broadcast audio messages to the public, encouraging them to stay at home. People flying to Hong Kong airport receive monitoring bracelets that alert the authorities if they breach the quarantine by leaving their home.
In the United States, a surveillance company announced that its -enhanced thermal cameras can detect fevers, while in Thailand, border officers at airports are already piloting a biometric screening system using fever-detecting cameras.
Isolated cases or the new norm?
With the number of cases, deaths and countries on lockdown increasing at an alarming rate, we can assume that these will not be isolated examples of technological innovation in response to this global crisis. In the coming days, weeks and months of this outbreak, we will most likely see more and more use cases come to the fore.
While the application of can play an important role in seizing the reins in this crisis, and even safeguard officers and officials from infection, we must not forget that its use can raise very real and serious human rights concerns that can be damaging and undermine the trust placed in government by communities. Human rights, civil liberties and the fundamental principles of law may be exposed or damaged if we do not tread this path with great caution. There may be no turning back if Pandora’s box is opened.
In a public statement on March 19, the monitors for freedom of expression and freedom of the media for the United Nations, the Inter-American Commission for Human Rights and the Representative on Freedom of the Media of the Organization for Security and Co-operation in Europe issued a joint statement on promoting and protecting access to and free flow of information during the pandemic, and specifically took note of the growing use of surveillance technology to track the spread of the coronavirus. They acknowledged that there is a need for active efforts to confront the pandemic, but stressed that “it is also crucial that such tools be limited in use, both in terms of purpose and time, and that individual rights to privacy, non-discrimination, the protection of journalistic sources and other freedoms be rigorously protected.”
This is not an easy task, but a necessary one. So what can we do?
Ways to responsibly use to fight the coronavirus pandemic
- Data anonymization: While some countries are tracking individual suspected patients and their contacts, Austria, Belgium, Italy and the U.K. are collecting anonymized data to study the movement of people in a more general manner. This option still provides governments with the ability to track the movement of large groups, but minimizes the risk of infringing data privacy rights.
- Purpose limitation: Personal data that is collected and processed to track the spread of the coronavirus should not be reused for another purpose. National authorities should seek to ensure that the large amounts of personal and medical data are exclusively used for public health reasons. The is a concept already in force in Europe, within the context of the European Union’s General Data Protection Regulation (GDPR), but it’s time for this to become a global principle for .
- Knowledge-sharing and open access data: António Guterres, the United Nations Secretary-General, has insisted that “global action and solidarity are crucial,” and that we will not win this fight alone. This is applicable on many levels, even for the use of by law enforcement and security services in the fight against COVID-19. These agencies and entities must collaborate with one another and with other key stakeholders in the community, including the public and civil society organizations. use case and data should be shared and transparency promoted.
- Time limitation: Although the end of this pandemic seems rather far away at this point in time, it will come to an end. When it does, national authorities will need to scale back their newly acquired monitoring capabilities after this pandemic. As Yuval Noah Harari observed in his recent article, “temporary measures have a nasty habit of outlasting emergencies, especially as there is always a new emergency lurking on the horizon.” We must ensure that these exceptional capabilities are indeed scaled back and do not become the new norm.
Within the United Nations system, the United Nations Interregional Crime and Justice Research Institute (UNICRI) is working to advance approaches to such as these. It has established a specialized Centre for and Robotics in The Hague and is one of the few international actors dedicated to specifically looking at vis-à-vis crime prevention and control, criminal justice, rule of law and security. It assists national authorities, in particular law enforcement agencies, to understand the opportunities presented by these technologies and, at the same time, to navigate the potential pitfalls associated with these technologies.
Working closely with International Criminal Police Organization (INTERPOL), UNICRI has set up a global platform for law enforcement, fostering discussion on , identifying practical use cases and defining principles for responsible use. Much work has been done through this forum, but it is still early days, and the path ahead is long.
While the COVID-19 pandemic has illustrated several innovative use cases, as well as the urgency for the governments to do their utmost to stop the spread of the virus, it is important to not let consideration of fundamental principles, rights and respect for the rule of law be set aside. The positive power and potential of is real. It can help those embroiled in fighting this battle to slow the spread of this debilitating disease. It can help save lives. But we must stay vigilant and commit to the safe, ethical and responsible use of .
It is essential that, even in times of great crisis, we remain conscience of the duality of and strive to advance for good.