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Privacy and Ethical Concerns of Vaccine Passports

By Emily N. Litzinger and Alexa R. Hanlon
April 01, 2021

Immediately after the CDC issued new guidance loosening restrictions for vaccinated Americans, many employers are starting to wonder whether post-pandemic life is nearly in our grasp. After a year of isolation, people are ready to travel, eat indoors at restaurants, attend movies and concerts with friends, and safely return to the workplace. While the prospect is exciting, it is also nerve-wracking for those wondering how we will be able determine who is fully vaccinated. It is also worth remembering that with few exceptions, the CDC has thus far stated that fully vaccinated individuals must continue to follow mask-wearing, distancing, handwashing and other COVID-19 protocols. Employers, nevertheless, are now considering whether digital vaccine passports are the key to returning to normal life and getting back into the workplace.

While the concept of digital vaccine passports might seem like a perfect solution, implementation is muddled not only by administrative feasibility, but the web of legal and business considerations raised if requiring the passport to return to the workplace or enter a business. This article untangles some of these complex legal considerations, including privacy and ethical concerns, offering employers guidance in evaluating their feasibility at the workplace.

What Is a Digital Vaccine Passport?

Companies across the world are hard at work developing secure app-based systems for a digital vaccine passport — documentation you can easily pull up on your mobile phone as an app or through the digital wallet feature, proving that you have been fully vaccinated against COVID-19. The passport is essentially a digital ID card (whether app based or a QR code), which can be scanned to confirm the holder's vaccine status. The goal of digitizing proof of vaccination is seemingly simple — efficiency, ease and harmony across industries — most prominently in travel, hospitality, entertainment and health care.

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