The Role of Good Governance and the Rule of Law in Building Public Trust in Data-Driven Responses to Public Health Emergencies
A COVID-19 Rapid Response research project funded by the Arts and Humanities Research Council on behalf of UK Research and Innovation (grant AH/V015214/1)
This project, at the intersection of law, ethics, citizen deliberation, public health and data science, aims to develop a values-based framework to help understand and address the challenges posed by data-driven responses to public health emergencies and the need to build public trust.
Overview
In their COVID-19 responses, states have relied on data-driven approaches to justify far-reaching measures including closing entire business sectors and categories of travel, curtailing personal liberties and requiring compliance with new technologies for contact tracing and social distancing.
To be effective, such measures must be internationally co-ordinated, nationally adopted and adhered to by a high proportion of the public. Trust underpins both national adoption and public adherence: trust in international institutions, in the measures, and their scientific foundations.
This project examines two critical enablers of that trust: good governance and the rule of law. It aims to provide practical guidance on how international and national institutions can build public trust in the processes by which they design and implement data-driven responses to public health emergencies. The research consists of four interconnected work packages which examine
- International governance frameworks for public health emergencies
- Values-based principles to guide data-driven responses by national institutions including governments, parliaments, courts and police
- Reforms that may be needed to data governance (national and international) given the scale of personal data sharing that is required
- A citizen jury deliberation on the trustworthiness of data-driven measures and what additional safeguards may be needed.
Project Participants
- Bingham Centre and BIICL: Jan van Zyl Smit (Principal Investigator), Julinda Beqiraj, Jean-Pierre Gauci, Richard Mackenzie-Gray Scott, Irene Pietropaoli, Nyasha Weinberg and Constantinos Yallourides.
- University of Edinburgh, Global Academy of Health: Claudia Pagliari
- University of Newcastle: Lilian Edwards, Keri Grieman, Emma Irving
- Alan Turing Institute: Anjali Mazumder
- Ada Lovelace Institute: Reema Patel, Mavis Machirori, Aiden Peppin, Nardine Alnemr, Kayshani Gibbon,
Project Publications
Reports
- WP1.1 - Richard Mackenzie-Gray Scott and Jean-Pierre Gauci, International Law Applicable to Public Health Emergencies
- WP1.2 - Constantinos Yiallourides, Global Health Governance: The Legal Duty of States to Cooperate in the Fight Against Pandemic Disease
- WP1.3 - Jean-Pierre Gauci, Richard Mackenzie-Gray Scott, Irene Pietropaoli and Constantinos Yiallourides, Roadmap for Reform of International Legal Frameworks to Strengthen Cooperation in Responses to Public Health Emergencies
- WP2.1 - Jean-Pierre Gauci, Rule of Law and Good Governance Principles for National Responses to Public Health Emergencies
- WP2.2 - Jean-Pierre Gauci, Richard Mackenzie-Gray Scott and Jan van Zyl Smit, Rule of Law and Good Governance Principles Applicable to Data-Driven Responses to Public Health Emergencies
- WP2.3 - Richard Mackenzie-Gray Scott, Rebalancing Upstream and Downstream Scrutiny of Government during National Emergencies
- WP3.1 - Irene Pietropaoli, Keri Grieman, Lilian Edwards, Emma Irving, Rapid Evidence Review of Data-driven Responses to Public Health Emergencies
- WP3.2A - Lilian Edwards, Keri Grieman, 'No jab, no job'? Employmentlaw and mandatory vaccination requirements in the UK
- WP3.2B - Lilian Edwards, Keri Grieman, Emma Irving, 'Venue Check-In' or 'Presence' Apps
- WP3.2C - Richard Mackenzie-Gray Scott, Judicial Scrutiny of COVID-19 Regulations in the UK: Addressing Deference to Data-Driven Decision-Making in Human Rights Cases
- WP3.3 - Emma Irving, Lilian Edwards, Policy Brief: Good Governance and Rule of Law Principles for Data-Driven Technologies in Public Heath Emergencies
- Citizen Juries report - Reema Patel, Aidan Peppin, Nardine Alnemr, The rule of trust: Findings from citizens' juries on the good governance of data in pandemics
Evidence Submissions
- Katie Lines and Richard Mackenzie-Gray Scott, Written Evidence submitted to the Public Administration and Constitutional Affairs Committee Covid-19 Vaccine Certification Inquiry
- Katie Lines and Richard Mackenzie-Gray Scott, Submission to the Scottish Government's COVID-19 public inquiry set-up team
- Katie Lines and Richard Mackenzie-Gray Scott, Written evidence submitted to the UK Government's consultation on mandatory COVID certification in a Plan B scenario
Blogs and Op-eds
- Richard Mackenzie-Gray Scott, 'A Short-Term Option for Addressing Misinformation during Public Health Emergencies: Online Nudging and the Human Right to Freedom of Thought' Opinio Iuris
- Lilian Edwards, 'Part 1: The Great Vaccination Passports Debate: "ID Cards on Steroids" or the Rational Way Forward?' BIICL Blog
- Irene Pietropaoli, 'Part 2: Getting Digital Health Passports Right? Legal, Ethical and Equality Considerations' BIICL Blog
- Richard Mackenzie-Gray Scott and Jean-Pierre Gauci, 'Calls for a New Treaty on Pandemics and the Law that Already Exists' Bingham Centre Comment
- Richard Mackenzie-Gray Scott, 'The Ethics of Relying on Vaccine Certifications for International Travel during times of Vaccine Inequity' Bingham Centre Comment
- Richard Mackenzie-Gray Scott, Katie Lines and Ronan Cormacain, Vaccine passports must be legislated for properly through parliament Prospect Magazine
- Richard Mackenzie-Gray Scott, 'Strengthening Cooperation during Public Health Emergencies' blog of the UK Law Societies' joint Brussels office
Articles
- Claudia Pagliari, 'Digital health and primary care: Past, pandemic and prospects', J Glob Health 2021;11:01005.
