March 18, 2020<\/p>\n\n\n\n\n\n
The\nglobal pandemic that has been declared by COVID-19 is already\naffecting countries of Latin America and the Caribbean. Recognizing\nthe seriousness of this health crisis and the legal possibility for\ngovernments to take exceptional measures to control the pandemic, it\nis essential to remember that these must be carried out in strict\naccordance with human rights standards. In this sense, we adhere\nto the joint appeal made by the UN’s expert rapporteurs who, <\/strong>in\na recent declaration<\/strong><\/a>, urgently\nremind States that any emergency response to COVID-19 must be\nproportionate to the assessed risk, necessary and non-discriminatory.<\/strong><\/p>\n\n\n\n The\nadherence to human rights also includes any digital development or\ntechnological deployment that, in the context of controlling this\nhealth crisis, our governments want to apply. <\/strong>Many countries\ntoday turn to digital technologies to provide information as well as\nmonitoring and controlling people suffering from this virus, which\nalerts us to its effects on people’s fundamental rights.<\/p>\n\n\n\n In\nChina, for example, the Alipay\nHealth Code<\/a> application was developed to\nmonitor its population. South Korea is also using\ndigital technologies<\/a> to control the\npandemic. Both countries seem now to be a model for many nations,\nsuch\nas the United States<\/a>. More aggressive\nuses of surveillance have been implemented in countries like\nIsrael<\/a>. Likewise, there is concern that\ntechnological solutionism prevails to control this pandemic, and\ntechnologies such\nas Artificial Intelligence<\/a> are deployed\nwithout measuring its impacts on fundamental rights.<\/p>\n\n\n\n Along\nthese lines, the situation in Latin America and the Caribbean is\nunsettling. In Ecuador<\/strong>, the government\nauthorized<\/a> the satellite tracking of\ncell phones of people who enter the epidemiological ring by COVID-19,\nraising\nserious alarms<\/a> about the proportionality\nof the measure and possible abusive uses. In Colombia<\/strong>, the\nNational Institute of Health promotes (although not force) the use of\nthe CoronApp application, which is\ncriticized<\/a> for its inadequate protection\nof personal data, its malfunction, and its real scope in a country\nwith 20 million people without access to the Internet. The Chilean\n<\/strong>government wants to develop an application, with the support of\nthe South Korean government, for “personalized contact with\ncitizens.” However, the impact of this technology has\nbeen questioned internationally<\/a>. Private\ndevelopment of apps<\/a> also raises doubts\nin Paraguay<\/strong>, as well as the\nannouncement<\/a> of the Uruguayan\n<\/strong>government to create a mobile application to “georeferencing”\npeople diagnosed with COVID-19 and alerting inhabitants of risk\nzones. Likewise, it’s worrisome the stigmatizing effects that could\nbe produced by the lack of clear protocols in the use of temperature\nscanners implemented in many of our borders, although their\nunclear effectiveness<\/a>.<\/p>\n\n\n\n The\nuse of digital technologies to fight against this pandemic cannot\nexclude an examination of necessity and proportionality in the event\nof possible effects on our fundamental rights. <\/strong>In this line, all\ntechnology used in the context of this pandemic must prioritize\nreliable protection of our personal and sensitive data, enabling\naccountability procedures, and guarantee its limited use only within\nthe state of emergency. All these measures are also crucial to avoid\ndisproportionate impacts on the discrimination of the most vulnerable\ngroups and the mental health and possible stigma of people affected\nby COVID-19.<\/p>\n\n\n\n This\nhealth crisis is an opportunity for States, governments, and\ncommunities in the region to safeguard and strengthen human rights in\nall dimensions of our lives that are affected by this pandemic. In Al\nSur<\/strong>, we will be monitoring that this happens.<\/p>\n\n\n\n ::::<\/p>\n\n\n\n Al\nSur<\/strong> is a consortium of 11 civil society organizations and\nacademia from various Latin American and Caribbean countries that\nwork to strengthen human rights in the digital context.<\/p>\n\n\n\n The members of Al Sur are:<\/p>\n\n\n\n \n\tTEDIC,\nParaguay.<\/p>\n\n\n\n \u2022 Red en la Defensa de los Derechos Digitales<\/a>, R3D, M\u00e9xico<\/p>\n\n\n\n \u2022 IPANDETEC<\/a>, Panam\u00e1.<\/p>\n\n\n\n \u2022 Fundaci\u00f3n Karisma<\/a>, Colombia.<\/p>\n\n\n\n \u2022 Hiperderecho<\/a>, Per\u00fa.<\/p>\n\n\n\n \u2022 Derechos Digitales<\/a>, Am\u00e9rica Latina.<\/p>\n\n\n\n \u2022 Asociaci\u00f3n por los Derechos Civiles, ADC<\/a>, Argentina.<\/p>\n\n\n\n \u2022 Centro de Estudios en Libertad de Expresi\u00f3n y Acceso a la Informaci\u00f3n de la Universidad de Palermo, CELE<\/a>, Argentina.<\/p>\n\n\n\n \u2022 Coding Rights<\/a>, Brasil.<\/p>\n\n\n\n