Accepted for/Published in: JMIR mHealth and uHealth
Date Submitted: Dec 19, 2020
Date Accepted: Apr 12, 2021
Date Submitted to PubMed: Apr 14, 2021
Warning: This is an author submission that is not peer-reviewed or edited. Preprints - unless they show as "accepted" - should not be relied on to guide clinical practice or health-related behavior and should not be reported in news media as established information.
Justice for all also means special duties for special risks
ABSTRACT
In this letter, we made a response to Crutzen’s comment on our recent publication in JMU. Our article was an analysis of the technologic Tower of Babel that analysed the global functioning and interaction of contract tracing apps for COVID-19. In general, we are concerned with both legal and ethical disconformity between different apps, while Cruzten focuses primarily on ethical concerns and the protection of human rights. In a sense, the two papers appear complementary, rather than in conflict with each other. However, we do not agree with Crutzen’s assertion that making a contact tracing app mandatory for international travellers is totally unacceptable. We argued that justice for all also means special duties for special risks. Indeed, a contact tracing app, which is mandatory for international travellers, is a threat to fundamental rights. However, in light of the delicate balance between public health and individual rights and freedoms, we believe this measure is fully acceptable, especially based on an assessment of necessity, proportionality, and adequacy.
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