ACLU Analysts Voice Opposition to Immunity Passports

So-called ‘immunity passports’ for Americans who have recovered from covid-19 are an unacceptable option for restarting the economy, according to an essay penned by ACLU attorney Esha Bhandari and ACLU director ReNika Moore. The Washington Post first reported on the analysis, in which Bhandari and Moore argue that no adequate evidence base for immunity through infection yet exists to undergird a system that would be especially threatening to the livelihoods of many who already contend with high comorbidity rates and lower wages, such as people of color and workers with disabilities. Further, they asserted that current antibody tests are too unreliable to base policies upon.

Bhandari and Moore raised additional concerns regarding immunity passports, which would effectively divide the U.S. workforce into two groups based on demonstrated susceptibility to novel coronavirus infection. They argued that such a division would incentivize those without existing immunity to deliberately attempt to become infected for the sake of the employability that antibody-positive status would confer. This effect would be stronger among those whose work is not performed remotely, resulting in a disproportionate impact on low-wage, female, immigrant and minority workers. Existing employees without immunity may face discrimination from employers, according to the analysis.

Bhandari and Moore also pointed to problems with the requisite public surveillance system necessary to implement an immunity-based identification strategy. “The ACLU has warned against the use of location-tracking technologies that will enshrine ever-greater data collection and surveillance without commensurate public health efficacy or benefits,” they wrote. “It is unclear whether a persistent health surveillance infrastructure could protect anonymity and health privacy while also ensuring that uploaded testing data is authentic.”

Sources:
https://www.washingtonpost.com/news/powerpost/paloma/the-health-202/2020/05/18/the-health-202-the-aclu-gives-a-thumb-down-to-coronavirus-immunity-passports/5ec14b4788e0fa17cde01a24/
https://www.aclu.org/news/privacy-technology/coronavirus-immunity-passports-are-not-the-answer/

Katie Pincura, DrPh, MPH, MA

Katie Pincura, DrPH, MA, MPH is an Assistant Professor, Teaching Assistant Professor of Health Sciences at Western Carolina University, College of Health and Human Sciences, School of Health Sciences. Dr. Pincura is a graduate of Georgia Southern University. Her research focuses on the intersection of healthcare policy and public health.

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