Summary
This survey reviews the contact tracing data privacy laws in all 50 states. Alarmingly, only three states have health privacy laws that protect contact tracing data from being accessed by law enforcement, and federal health privacy laws are largely inapplicable to this life-saving public health program. As communities continue to rely on contact tracing as one of the most valuable tools to combat the COVID-19 pandemic and countless other public health threats, work is urgently needed to protect this data from misuse and abuse.
With the passage of A10500-C/S08450C, New York became the only state to categorically prohibit law enforcement agencies or immigration authorities from accessing contact tracing records. Kansas and South Carolina have also enacted circumscribed privacy protections, but they only apply to limited types of data from electronic contact tracing apps.
As vaccine availability increases and the prospect of herd immunity to COVID-19 grows, data privacy remains pivotal for protecting public health. Without safeguards, many undocumented Americans and individuals with criminal justice involvement will be unwilling to work with disease detectives or to download contact tracing apps.
