Did the global pandemic surveillance measures open an avenue for the erosion of the right to privacy?

The World Health Organisation declared coronavirus a global pandemic in March 2020, forcing independent nations to introduce several measures to help curb the spread of the virus.

Such measures included the suspension of public gatherings and other social distancing requirements, limitation on international travels, and dusk to dawn curfew in some countries.

But as all these measures worked towards the greater good of constraining the spread of the virus, there have been concerns of the lesser harm caused – compromising the fundamental rights to privacy.

“The precautionary actions by different governments have had negative impacts on peoples’ fundamental rights, including that of freedom of expression, access to information, privacy and data protection, among others,” says ‘Gbenga Sesan, the Executive Director at Paradigm Initiative.

Sesan further notes that the mass surveillance measures adopted a collection of massive data with telephone numbers, personal information, residential addresses, details of people contacted and next of kin, body temperatures, as well as location tracking is slowly killing the need for privacy thus threatening personal security.

Shift in Culture

The aspect of abuse comes with the enhanced digitization process. With almost all activities shifting online, together with schooling and working, most people spend more time online now than ever before.

This evident increase in consumption of digital services then allows for online service providers to collect and store data about these users.

Usually, when signing up for services like digital learning or working platforms, consumers are asked to consent to the terms and conditions, some of which include sharing personal data, but are unfortunately never presented with options otherwise.

Platforms like WhatsApp that facilitate video calling services, he observes, ask for user consent but do not give an option, so you either tick the yes box or you just cannot use the service.

He says, “Having to make such tough choices of giving out information as required or then be faced with the denial of access has led to the culture of a slowly dying privacy. People no longer care about giving consent to such platforms because they fear being locked out.” Adding, “It then becomes a case of surveillance versus survival. People choose the latter.”

This he opines is a serious dichotomy as it breeds the culture of ‘dead privacy’ or no need for it and increases the potential for abuse of such data, presenting a risk for repurposing the collected data for mass surveillance even after the pandemic.

Lack of Legislation

Whereas countries like Kenya have enshrined the right to privacy under Article 31 of the Constitution and adopted a Data Protection Act in November 2019, even appointing the Data Commissioner in early 2021, covid contact tracing measures still remain questionable and a potential breach to privacy rights there as in many nations.

 Sesan observes that the collection of voluminous blanket data without proper legislative measures creates an avenue for data leak or misuse adding that it is not manifestly clear how personal data from contact tracing will be stored, shared, or used.

“There still is no clear or legal oversight with documented safeguards in case of any data breaches in many countries in the continent,” he says. “Further, there is widespread ignorance regarding the application of such laws even in the jurisdictions where such legislation exists.”

In Zimbabwe for example, a political aspirant had his covid -19 data leaked online, much to his displeasure. Such is an example of abuse of privacy – when what should be held confidentially as medical data is used for political reasons. In instances where data leak is experienced, stakeholders should notify data owners, but that is not often the case in African countries.

He continues that the Zimbabwean case is among many other reported or otherwise that are delicate to handle.

“Human Rights are about dignity. If we allow an atmosphere where certain governments treat people’s data depending on their political affiliations then that creates a scenario of a vendetta vicious cycle.” Gbenga Sesan

Widening the digital gap

Meanwhile, the pandemic has led to a growing remote workforce, creating increased demand for internet services, and highlighting the ever-rising digital divide. Not all people have access to fast, and affordable internet, yet access to the internet and digital public services are now considered essential for a dignified living.

There is therefore a need for continued efforts to ensure fairness in the use of digital technologies, and bridge the digital divide across the globe, to enhance digital inclusion and its related benefits. And as António Guterres, UN Secretary-General observes, the post-Covid-19 world is expected to be more digital than before.

A more digital world then calls for stakeholders to ensure respect for privacy, access to timely information, transparency, fair participation in the digital space, and accountability for digital assets.