ACLU Raises Concerns About “CRUSH COVID RI” Contact Tracing App

Tuesday, May 19, 2020

 

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Steve Brown, ACLU

The RI ACLU’s Executive Director Steven Brown is raising concerns about the new RI tracing app “Crush COID RI" announced by Governor Gina Raimondo on Tuesday.

"On the positive side, we are very pleased that the app allows residents to access important health resources without having to opt-in to the location tracking function; requires affirmative steps to engage the location-tracking feature of the app; keeps the location-tracking information solely on the phone unless and until the user agrees to share it with health authorities; and automatically deletes the tracking information after 20 days," said Brown.

"These are all very constructive and important privacy-protective features, and we commend the Governor for limiting the app’s potentially invasive use," he added. 

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“We recognize the urgency of stemming the pandemic, and are not opposed to technological tools that may offer public health benefits.  We, therefore, applaud the Governor for keeping privacy concerns front and center in the development of this app. However, deployed incorrectly, the app has the potential to interfere with public health efforts, undermine trust, and violate individuals’ rights. We, therefore, look forward to additional information so that members of the public can truly feel comfortable making use of this program and help tackle this continuing medical crisis," said Brown.

“Nonetheless, a few additional questions remain that we urge be promptly addressed," said Brown.

The following warrant clarification:

• Since the state is encouraging employers to have their employees use the app, what protections do those employees have if an employer seeks to require its use? What prevents a supermarket or other establishments from demanding its use as a condition of entry by customer?

•  What guarantees are there that DOH will not end up sharing information it collects with law enforcement officials and others, even if for purported public health purposes, just as the Department has done with addresses in its database of COVID-19-positive individuals?

•  Will the state have the app subjected to an independent third-party audit to ensure that it is working as proposed and providing the privacy protections that have been assured?

•  The privacy policy states that app users “may choose to share with us precise geolocation or Bluetooth information using iOS and Android location services.” Since this is not how the app has been described, what is that language for?

•  How will people be informed about future updates to the app so that they can choose whether to uninstall or otherwise stop using it if the features change?

“Finally, we also support the state’s recognition that use of an app like this can only be part of the public health response to the pandemic, especially since some people will not have phones that can run the app or may have legitimate concerns about installing it, and those communities cannot be left out,” said Brown.

 
 

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