Washington Lawyer - July/August 2020 - 31

Tim Hoagland/Center for Democracy & Technology

FEATURE

"Since the companies that
receive non-content data . . .
are commonly not themselves
electronic communications
providers, the information can
then be provided to the
government without triggering
the ECPA's protections."
GREG NOJEIM
Center for Democracy & Technology

"That said, each program and tool should be carefully evaluated to
ensure that it meets the stated health goal, that personal data is used
for the purpose for which it is collected, and that it is not retained any
longer than needed to serve the specified health goal." A balance can

Feels good

ensure effective responses without compromising citizens' rights.
"Good health and good privacy go hand in hand," she adds.
Daskal says that proceeding without care puts more than privacy rights
at jeopardy. Forming policy based on information that isn't strong
enough to establish one's exposure risks the imposition of unnecessary
mandatory quarantines, resulting in panic and undue disruption, she
cautions. And releasing information about those impacted by the illness
can lead to public shaming, vitriol, and discrimination.
In an April 2 statement, Amnesty International, joined by a host of international, civil, and human rights organizations, addressed the delicate
balancing act necessary to ensure that in the process of saving lives, the
government does not create future threats. "These are extraordinary
times, but human rights law still applies. Indeed, the human rights
framework is designed to ensure that different rights can be carefully
balanced to protect individuals and wider societies. States cannot simply
disregard rights such as privacy and freedom of expression in the name
of tackling a public health crisis," it said. "On the contrary, protecting
human rights also promotes public health. Now more than ever, governments must rigorously ensure that any restrictions to these rights is in
line with long-established human rights safeguards."

to get a discount.

Tell us you're a
DISTRICT OF COLUMBIA BAR
member and see how much you
could save on auto insurance
with a special member discount.

1-800-368-2734 | geico.com/bar/dcbar

Some discounts, coverages, payment plans and features are not available in all states, in all GEICO companies, or in all situations. GEICO contracts with various membership entities and other organizations, but these entities do not
underwrite the offered insurance products. Discount amount varies in some states. One group discount applicable per policy. Coverage is individual. In New York a premium reduction may be available. GEICO may not be involved in a formal
relationship with each organization; however, you still may qualify for a special discount based on your membership, employment or affiliation with those organizations. GEICO is a registered service mark of Government Employees Insurance
Company, Washington, D.C. 20076; a Berkshire Hathaway Inc. subsidiary. GEICO Gecko image © 1999-2019. © 2019 GEICO
19_222278

JULY/AUGUST 2020

WASHINGTON LAWYER

http://www.geico.com/bar/dcbar

Washington Lawyer - July/August 2020

Table of Contents for the Digital Edition of Washington Lawyer - July/August 2020