FPF Presents Expert Analysis to Washington State Lawmakers as Multiple States Weigh COVID-19 Privacy and Contact Tracing Legislation

On July 28, 2020, the Washington State Senate Committee on Environment, Energy & Technology held a Public Work Session to discuss government uses of data and contact tracing technologies. The Committee invited guest experts to give presentations, including FPF’s Senior Counsel Kelsey Finch, Consumer Reports’ Justin Brookman, and the Washington State Department of Health. 

In FPF’s presentation, we recommended for policymakers and technology providers to follow the lead of public health experts, and outlined key considerations when deciding how to design and implement digital contact tracing tools. Important considerations exist between public health, privacy, accuracy, effectiveness, equity, and trust; and best practices are emerging around: (1) transparency about data collection and sharing; (2) purpose & retention limitations (3) privacy impact assessments; (4) prioritization of accessibility; (5) SDK caution; (6) interoperability; and (7) security. Recognizing widespread consensus that apps ought to be voluntary, Ms. Finch also emphasized the need to find ways to promote and maintain public trust. 

These recommendations align with FPF’s recent report to promote responsible data use; and FPF’s April 2020 testimony on the topic of “Enlisting Big Data in the Fight Against Coronavirus,” convened by the U.S. Senate Committee on Commerce, Science, and Transportation.

• Download a copy of FPF’s presentation HERE.