[20200626]LSB10502_宪法授权监管国家收集的联系人追踪数据的隐私.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Constitutional Authority to Regulate the Privacy of State-Collected Contact-Tracing Data June 26, 2020 Amid the ongoing COVID-19 pandemic, several states have developed and promoted contact-tracing mobile device apps to identify individuals who may have had contact with infected persons. Additionally, the two largest manufacturers of mobile device operating systems, Apple (iOS) and Google (Android), have announced plans to release application programming interfaces (APIs) to “enable interoperability between Android and iOS devices using apps from public health authorities.” Several bills in the 116th Congress would regulate the privacy of information collected through such contact-tracing apps. (For a detailed comparison of these bills, see CRS Legal Sidebar LSB10501, “Tracing Papers”: A Comparison of COVID-19 Data Privacy Bills, by Jonathan M. Gaffney.) S. 3663, the COVID-19 Consumer Data Protection Act of 2020, would (1) require certain covered entities that collect contact-tracing information to provide individuals with prior notice of such collection and the opportunity to opt-in to