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Ethics of Contact Tracing

and Technological Tools


Emily S. Gurley, PhD
Johns Hopkins Bloomberg
School of Public Health
Learning Objectives

► Define and provide examples of important terms, such as privacy, autonomy, and
public good

► Describe the balance between protecting public health and limits to privacy and
autonomy

► Provide examples of the balance between keeping information private and protecting
public health

► Identify a selection of technological tools that have been developed or used for each step
of case investigation and contact tracing

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Contact Tracing as a Common
Public Health Tool

Copyright © 2020 Johns Hopkins University and Emily Gurley. Except where otherwise noted, this
work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 license.
Contact Tracing Protects the Health of the Public

If we can limit contact between infectious people


and others, we can limit opportunities for
SARS-CoV-2 to be transmitted

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Contact Tracing Is Used Every Day

► Contact tracing is a public health Contact tracing by boat in West Africa


intervention that is used every
day to stop disease transmission

► Examples:
► Tuberculosis
► Syphilis
► HIV
► Ebola (contact tracing was a
key strategy to end the Ebola
outbreak in West Africa)

Photograph: US Centers for Disease Control and Prevention (CDC). 2014 Ebola Outbreak Response > Ebola Report >
Report: Tracing Contacts. Accessed May 5, 2020. 5
Defining Privacy, Confidentiality,
and Other Terms About Ethics

Copyright © 2020 Johns Hopkins University and Emily Gurley. Except where otherwise noted, this
work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 license.
Privacy

► Privacy is the right of a ► Examples of private information that may be


person to be free from discussed during contact tracing:
intrusion or publicity ► Who lives in your house with you?
► With whom have you spent time in the past week?
concerning personal matters
► Where have you gone in the past week?
► How much time did you spend with people in your
► In other words, everyone home and outside your home?
has the right to keep their
personal life personal ► A contact tracer can ask about private information
only for the purposes of contact tracing
► A contact tracer can use the private information
provided only for contact tracing purposes

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Confidentiality

► Confidentiality is the right of an ► Examples of confidential information that


individual to have personal, will be discussed during case
identifiable medical information kept investigations and contact tracing:
private and not released without ► Other health conditions the case or
his/her/their consent contact may have
► Results from the COVID-19 test
► In other words, your medical information
cannot be shared with anyone else ► A contact tracer can learn only about
unless you agree to it—but your medical information that is relevant to
COVID-19 test results can be shared to contact tracing and can use it only for
protect public health contact tracing purposes

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Autonomy

► Autonomy is the right of a person to ► Examples of autonomy in contact tracing:


make their own decisions; it is also known ► You can request that people
as right to “self” or as “agency” quarantine
► You can request that cases isolate
► In other words, each person can make themselves from others
their own decisions, unless those ► In some circumstances, these requests
decisions can harm someone else may be mandated and enforced

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Justice

► Justice means to act to treat an individual ► Examples of justice in contact tracing:


justly or fairly (meaning everyone should ► Contact tracers will attempt to find all
be treated the same way independent of cases and contacts, regardless of
race, ethnicity, creed, socioeconomic religion, race, or sexual orientation
background, sexual orientation, or ► All communities, regardless of wealth,
gender) should have contact tracing efforts to
reduce transmission
► In other words, everyone must receive
the same treatment, regardless of who
they are

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Public Good

► A public good is anything that benefits or ► Contact tracing programs are a public
provides for the well-being of the public good because …
► They can reduce the risk to the public
► In other words, it is something that of being infected
benefits everyone in the society ► They can reduce illness and deaths
from COVID-19

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Balancing Public Good With Privacy,
Autonomy, and Confidentiality

Copyright © 2020 Johns Hopkins University and Emily Gurley. Except where otherwise noted, this
work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 license.
Balance Between the Public Health Good and Individual Rights

► Contact tracing programs are a


public good because they reduce
the risk to the public from
COVID-19

► We must balance this good for


society with rights of privacy,
confidentiality, and autonomy

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The Three Legal “Tests” for a Public Health Intervention

► For a public health intervention to be able to limit the rights of individuals to privacy or
autonomy, it must meet three “tests” or criteria:
1. The intervention must be respectful of individuals and their rights
2. It must be a benefit to society that is balanced with the limits on individuals
3. It must benefit all members of society

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Legal Basis for Contact Tracing

► The legal authority to conduct public health interventions is included in the US


Constitution and state constitutions
► There are clauses to “protect the public welfare”
► Common law and general principles also apply

► Examples of other public health interventions to protect welfare:


► We require children to receive vaccinations to attend school and to protect the
community’s public health and safety
► If you have tuberculosis and refuse to take your medication, you can be required to do
so by the health department so you do not infect others

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Respect for Privacy and Confidentiality During Contact Tracing

► Assure cases and contacts that the information provided will be confidential and used
ONLY for the public health investigation and will not be shared with anyone else

► Assure cases and contacts that the information will be kept private—contacts identified
will be told that they have been exposed, but they will not be told who the case is

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Example: When a Case Tells You Private Information—Situation

► During an interview with a COVID-19 case, he tells you that his contacts are his wife, his
two children, and also his girlfriend, who lives in his neighborhood

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Example: When a Case Tells You Private Information—Questions

► Should you list his girlfriend as a contact?

► Should you tell his wife about his girlfriend?

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Example: When a Case Tells You Private Information—Answers

► Should you list his girlfriend as a contact?


► Yes, she has been exposed and should be notified and asked to quarantine
► Her exact relationship is not important

► Should you tell his wife about his girlfriend?


► No, this is private information, and you are not allowed to disclose this to anyone

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Example: When You Hear Private Information
About Someone You Know—Situation

► During an interview with a COVID-19 case, he tells you about the people that he had
contact with at a party, and some of those people went to high school with your younger
brother

► You are alarmed that there could be people with COVID-19 in your community

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Example: When You Hear Private Information
About Someone You Know—Question

► Should you warn your younger brother not to have contact with his friends?

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Example: When You Hear Private Information
About Someone You Know—Answer

► Should you warn your younger brother not to have contact with his friends?
► No, you cannot disclose any private information you learn during contact tracing, even
to your family members or friends

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Example: When a Contact Is an Undocumented Worker—Situation

► During an interview with an elderly COVID-19 case, she tells you that one of her close
contacts is her helper, who comes to her house three times a week to help clean and cook

► When you interview the helper, she tells you that she provides these services to two other
elderly patients each week, as well

► She also tells you that she is undocumented

► When you ask her to quarantine for the next 14 days, she says she cannot, because if she
does not work, she does not get paid

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Example: When a Contact Is an Undocumented Worker—Questions

► How might you try to convince the woman about quarantine?

► Should you call immigration or the police?

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Example: When a Contact Is an Undocumented Worker—Answers

► How might you try to convince the woman about quarantine?


► You should offer to put her in touch with organizations that might be able to help her
get food or other assistance while she stays home
► You should remind her that the people she cares for are at high risk for death if they get
infected because of exposure to her
► In some places, you may also require her to quarantine

► Should you call immigration or the police?


► No, you do not have the right to disclose this private information

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Rationale for Using Technology
for Contact Tracing

Copyright © 2020 Johns Hopkins University and Emily Gurley. Except where otherwise noted, this
work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 license.
Reasons for Using Technology

► Public health staff time is often limited

► Timing of events is very important—we need to reach people quickly

► Technology can improve efficiency and speed of some public health functions

► Technology should meaningfully improve the process without creating major difficulties

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Timeline of Infection: Window of Opportunity

Image source: Center for Teaching and Learning, Johns Hopkins Bloomberg School of Public Health. 3
Examples of Technology Used for Each Step

Copyright © 2020 Johns Hopkins University and Emily Gurley. Except where otherwise noted, this
work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 license.
Steps and Timing

1. Interview the case


► Assess symptoms + ongoing symptom tracking
● Ask to isolate and provide support
o Recall and provide information about contacts

2. Notify the contacts

3. Interview the contact


► Assess symptoms + ongoing symptom tracking
● Ask to quarantine and provide support

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Electronic Case Reporting

► When patients get a test for COVID-19, their information is entered into an electronic
system

► There is usually a central database where positive test results are reported from
the lab

► System may vary by region

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Electronic Case Reporting:
Problem, Solutions, and Added Value

► Problem:
► It can take time for investigators to gather data and information on cases

► Solution:
► Reporting of positive tests to case investigators can be automated and standardized

► Added value:
► There is less time between diagnosis and a call from the public health team

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Tracking Symptoms

► Important for cases:


► May have worsening symptoms that require medical care
► Need to know when they have recovered and can end isolation

► Important for contacts:


► Need to identify signs or symptoms and need for care
► Possibly need access to testing

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Tracking Symptoms:
Problem, Solutions, and Added Value

► Problem:
► Daily calls to cases and contacts are time-consuming for everyone

► Solutions:
► There are applications where cases and contacts can enter symptoms directly into a
database
► Text messages can be sent to remind cases and contacts to report new or worsening
symptoms

► Added value:
► Less time is required by team
► Less time is required from cases and contacts

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Support for Isolation and Quarantine

► People may need help getting food or medicine to support quarantine

► People may be more likely to isolate and quarantine themselves with more frequent
reminders

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Support for Isolation and Quarantine:
Problem, Solutions, and Added Value

► Problem:
► Daily calls to cases and contacts are time-consuming for everyone

► Solution:
► Text messages could be sent to remind cases and contacts to limit contact with others
and provide information about where and how to get support services if needed

► Added value:
► Less time is required by contact tracing team
► Cases and contacts get frequent follow-up

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Identifying Contacts Quickly

► Numerous difficulties:
► Cases may not remember all their contacts
► Cases may not want to talk about their contacts with the interviewer because of
privacy concerns
► Cases may not know the phone numbers or addresses of their contacts
► Phone numbers for contacts may be incorrect

► It takes time to identify and get in touch with contacts

► There are a few possible supportive technologies

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Centralized Database of Phone Numbers and Locations

► Centralized databases of phone numbers and locations have been used in China and
South Korea

► All phone numbers and location data are maintained on central server
► Unique identification numbers are used for phones and medical records

► Health authorities can quickly link positive test results with your recent contacts and
locations by using GPS points

► Then, text messages can be sent to people who have been in contact with a confirmed
case

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Centralized Database of Phone Numbers and Locations:
Added Value and Concerns

► Added value:
► All contact identification and contact tracing are done immediately
► Public health teams have easy access to all relevant information

► Added concerns:
► In many countries, people would not agree to having their movements tracked by the
government in a centralized database
► GPS location is a poor way to identify contacts

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Phone-to-Phone Notification of Contact

► Applications are being developed

► Smartphone users can download an application that will communicate with other phones
that have the app

► The app uses Bluetooth technology to communicate that you have been in “contact”
(within 6 feet for 15 or more minutes, for example)

► If you are diagnosed with COVID-19, you can enter this information in the app, and the
app will notify all your contacts automatically

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Phone-to-Phone Notification of Contact:
Added Value and Concerns

► Added value:
► Contacts are notified of their exposure immediately and are advised to quarantine
► Identities of the case and their contacts are kept confidential

► Added concerns:
► It is unclear how the data could be used by public health teams
► Effectiveness depends on the number of people using the app
► Not all contacts may have been truly exposed

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Timeline of Contact Notification Through the App:
At Home

Image source: Johns Hopkins University. 14


Timeline of Contact Notification Through the App:
On the Train

Image source: Johns Hopkins University. 15


Timeline of Contact Notification Through the App:
At Work

Image source: Johns Hopkins University. 16


Timeline of Contact Notification Through the App:
Home Again

Image source: Johns Hopkins University. 17


Timeline of Contact Notification Through the App:
A Symptom Develops

Image source: Johns Hopkins University. 18


Timeline of Contact Notification Through the App:
Contacts Notified

Image source: Johns Hopkins University. 19


Important Considerations

► Effective public health interventions depend on public trust

► Many communities may have limited access to technological tools, such as:
► Smartphones
► Internet at home

► Just knowing about being near someone who is positive for COVID-19 and the need to
quarantine may not be enough to persuade people to act

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Summary

Copyright © 2020 Johns Hopkins University and Emily Gurley. Except where otherwise noted, this
work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 license.
Summary of Ethical Considerations and Technology

► Contact tracing is a public good and has been used to reduce risk to the public for a
century

► Contact tracing must strike a balance between individual rights and the public good

► Contact tracers need to be sensitive to this balance and be attentive to the issues of
privacy and confidentiality when interviewing cases and contacts

► Technology tools can assist with making case investigation and contact tracing easier but
must be supported by more traditional contact tracing efforts

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