Bloomberg Discusses Vaccine Passports and ADA Liability with Professor Peter Blanck
Big Tech Unleashes Vaccine Passports as Privacy Questions Loom
(Bloomberg Law | April 19, 2021) Fans of the NBA’s Brooklyn Nets are flashing more than game tickets these days when entering Barclays Center.
They’re also required to show a recent negative Covid-19 test, a vaccination card, or their Excelsior Pass—New York’s first-in-the-nation “vaccine passport,” which uses QR codes on a smartphone to prove test results or vaccination against the disease.
The IBM-created Excelsior Pass, which debuted last month, is among a growing number of apps that could help Americans safely return to sporting events, theaters, restaurants, and flights.
But they’re also raising privacy concerns ...
... But the ADA does require employers to keep their workers’ vaccination information confidential. That could stymie the ability to share passport data with third parties, like service providers who may want to assure clients that the workers going to their homes or businesses have gotten their shots.
And getting workers’ consent to disclose their vaccine passports wouldn’t eliminate the threat of ADA liability, as courts could view that as coercive or discriminatory, said Peter Blanck, a Syracuse University law professor who’s written books on disability bias ...