Labor and employment associate Alexa Miller spoke to Law360 about implementation and compliance concerns with digital health or COVID-19 vaccine passports for transportation companies and the broader business community.
In the article “As CDC Eases Travel Guidance, Are ‘Vaccine Passports’ Next?” Miller emphasized at least one top-of-mind concern is data security and privacy: how individuals’ health data is stored and the potential for breach and fraud.
Miller also noted that a policy or program that prevents people from traveling or obtaining services unless vaccinated could have a disparate impact on certain groups or be challenged as discriminatory.
“How will the industry account for vaccine hesitancy among pregnant women and minority communities? It will be important to ensure that COVID-19 travel passports are not limited to those who have been fully vaccinated, as some people may have religious or philosophical objections to the vaccine, and others may need accommodations based on a disability or medical restriction that prevents them from getting vaccinated,” Miller said.
Miller added that immunity must also be considered, calling it “the big elephant in the room.” She said, “It’s still unclear how long immunity lasts after recovering from coronavirus or after being inoculated, and the answer may vary based on the individual. Will there be a standard expiration date to the travel passport based on the date of vaccine administration?”