This paper looks at the digital contact tracing efforts implemented by other nations and assesses how similar measures could operate under enacted and proposed United States laws. Part I overviews the history of contact tracing and its effectiveness in prior disease outbreaks. Part II delves into the digital contact tracing efforts implemented by South Korea and Singapore. These summaries include: the digital contact tracing efforts taken, the laws that authorize these efforts, the public’s reception, and the overall effectiveness of the efforts. Part III overviews the digital contact tracing efforts in the United States, including proposed legislation aimed at user privacy. This part focuses on two proposed legislations: the Exposure Notification Privacy Act and the Public Health Emergency Privacy Act. Part IV analyzes which provisions of the ENPA and the PHEPA would best restrain the digital contact tracing efforts used in South Korea and Singapore if they were to be implemented in United States. Part V concludes with a final recommendation and recap of the following analysis.
Flattening the Curve While Protecting Our Right to Privacy: How the United States Can Implement the Digital Contract Tracing Efforts Used in East Asia,
10 Global Bus. L. Rev.
available at https://engagedscholarship.csuohio.edu/gblr/vol10/iss2/7