COVID 19: THE PRIVACY LINE BY AKINKUNMI AKINWUNMI (LEAD PARTNER, - PowerPoint PPT Presentation

COVID 19: THE PRIVACY LINE BY AKINKUNMI AKINWUNMI (LEAD PARTNER, PARAGON ADVISORS; AUTHOR – THE NIGERIAN INTERNET LAW)

SPEAKER Akinkunmi Akinwunmi • Lead Partner, Paragon Advisors • LLM, UC Berkeley • Author - The Nigerian Internet Law • Specialise in Technology, Media and Telecommunications Law • Advised on the operations of FinTech and e- commerce companies, start-up financing, cybersecurity, privacy, intellectual property management and technology licensing • Recognised as one of the 100 Most Influential Young Nigerians in 2019 by Avance Media

AGENDA • Covid-19 Information • Privacy Right • Covid-19 and Privacy Issues • Is the Right to Privacy Absolute or Restricted? • Is the Right to Privacy Applicable to the Covid-19 outbreak? • Any Criminal Liability for Non-Disclosure of Personal Information/Health Status? • References • Promo Sales • Contact us • Questions

• Originated from China • Globally as of 7 th April 2020: a. Over 1,380,397 coronavirus cases; b. 295,812 have recovered; and c. 78,313 deaths recorded. • Deleterious impact on global economy, countries, businesses, families & entertaiment. • Resulted in job loses • Widened the unemployment and poverty gap in developing countries • Nigerian government issued a Covid-19 Regulations pursuant to Quarantine Act.

PRIVACY RIGHT • Privacy is the condition or state of being free from public attention or intrusion into or interference with one’s acts or decisions (Black’s Law Dictionary, 9 th Edition). • Right to privacy is recognised by: • Convention – Article 12 of the Universal Declaration on Human Right • Constitution – Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended); Fourth Amendment to the US Constitution • Statutes – Section 26 of the National Health Act 2014 (“NHA”) • Regional Convention – Article 8 of the European Convention on Human Right • Regulations – EU General Data Protection Regulations, and Nigerian Data Protection Regulation

COVID-19 AND PRIVACY ISSUES 1. Government Surveillance • Singapore: Use of TraceTogether app. The app uses Bluetooth signals between cell phones to know whether coronavirus carriers have been in contact with other people. • Hong Kong: some residents were made to wear wristband linked to an app. This alert the government if a person left their place of quarantine. • South Korea: The government of South Korea use financial transactions (credit card), geo-location and CCTV video to track confirmed cases. • China: Government-installed CCTV cameras point at the apartment door of those under a 14-day quarantine to ensure they don’t leave.

COVID-19 AND PRIVACY ISSUES 2. Data Collection and Sharing • US: The government is in “active talks” with tech companies including Facebook and Google about using location data. • China: D igital barcodes on mobile apps highlight the health status of individuals. • Nigeria: airplane flight manifest was used to track Coronavirus carriers • Cell phone location data is also being used to track in numerous countries.

COVID-19 AND PRIVACY ISSUES 3. Confidentiality of a Person’s Health Information A person’s information including health status is confidential – section 26(1) NHA. • Can a health worker compel a person to disclose health status/travel history and others? • Is an employee bound to disclose his health status to his employer? • Should an employee’s temperature be checked with medical apparatus by the employer before assessing the workplace?

COVID-19 AND PRIVACY ISSUES 4. Disclosure of a Person’s Medical Record by a Health Worker or an Employer • Can a health worker disclose a person’s Covid-19 test result on social media or to any other person? • Can an employer disclose his employee’s health status to the Nigeria Centre for Disease Control (“NCDC”)? Section 26(2) NHA provides that: “ Subject to section 27, no person may disclose any information contemplated in subsection(1) unless – (a) the user consents to that disclosure in writing; or (b) a court order or any law requires that disclosure; or (i) In the case of a minor with the request of a parent or guardian; and (ii)In the case of a person who is otherwise unable to grant consent upon the request of a guardian or representative. (c) non-disclosure of the information represents a serious threat to public health. ”

IS THE RIGHT TO PRIVACY ABSOLUTE OR RESTRICTED ? • Section 26(2)(c) of the NHA provides that: “subject to section 27, no person may disclose any information contemplated in subsection(1) unless – non-disclosure of the information represents a serious threat to public health ” . • Section 27 of the NHA provides that: “A health worker or any health care provider that has access to the health records of a user may disclose such personal information to any other person , health care provider or health establishment as is necessary for any legitimate purpose within the ordinary course and scope of his or her duties where such access or disclosure is in the interest of the user” • Section 45(1) of the Nigerian Constitution provides that: “Nothing in sections 37 … of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society: (a) in the interest of defence, public safety , public order, public morality or public health ; or (b) for the purpose of protecting the rights and freedom or other persons”

IS THE RIGHT TO PRIVACY APPLICABLE TO THE COVID-19 OUTBREAK? “Public health and safety trumps our individual right to privacy” – Akinkunmi Akinwunmi

Based on the above provisions, it can be argued that the failure of a patient to disclose personal information (travel history/health status) jeopardised and caused the health worker and others to be infected with coronavirus, thereby causing grievous harm or harm that resulted in their death. Hence, the patient should be charged for manslaughter.

REFERENCES • @NCDC, ‘ Covid-19 Case Update’ accessed 02 April 2020 • 1999 Constitution of the Federal Republic of Nigeria (as amended) • European Convention on Human Right, 1950 • Fourth Amendment to the US Constitution • Garner B.A (ed), Black’s Law Dictionary (9 th ed, St. Paul, MN: West, 2009) Kharpal A, ‘Use of surveillance to fight coronavirus raises concerns about government power after pandemic ends’ (CNBC 2020 ) <https://www.cnbc.com/2020/03/27/coronavirus-surveillance-used-by- governments-to-fight-pandemic-privacy-concerns.html> accessed 03 April 2020 • Worldometer , ‘Coronavirus’ ( Worldometer 2020) <https://www.worldometers.info/coronavirus/?utm_campaign=homeAdvegas1?> accessed 07 April 2020 • General Data Protection Regulations, 2016 • National Health Act, 2014 • Nigerian Data Protection Regulation, 2019 • Universal Declaration on Human Right, 1948

• Order The Nigerian Internet Law by Akinkunmi Akinwunmi and get a 20% discount on each copy. • Offer valid until 30 April 2020. • Discount applicable only within Nigeria • Order via WhatsApp number +2349066471868 or tnil@paragonadvisors.com.ng • Promo exclude delivery cost

• Visit our website www.paragonadvisors.com.ng • Email us hello@paragonadvisors.com.ng • @Paragon_Advisor; @Akin_ATG • @paragonadvisors; @Akin_ATG