Digital health passport: ethical and legal issues

Introduction: the author analyzes the phenomenon of immune certification of the population from the point of view of its possibility, legal validity, security, necessity and safety. The article provides a comprehensive overview of the ongoing debate on the immune passport system, and provides arguments on the ethical and legal sides, including consideration of issues such as fairness and discrimination, as well as the impact of vaccination passports on privacy and freedom of movement. On the basis of this interdisciplinary analysis, an assessment of the advantages and risks (technical, organizational, legal) of vaccination passports is given. Materials and Methods: the material basis of the study was made up of existing regulatory legal acts. Cognitive procedures of system analysis, a comprehensive approach to the issue under consideration, formal logical methods (analysis, synthesis) were used. Literature Review: introducing a system of digital health passports is a new and therefore insufficiently developed topic in the domestic doctrine. In turn, foreign authors pay attention to such legal issues as justice and discrimination that may arise in connection with the implementation of such innovations. Results: as a result of the study, the author believes that it is unlikely that vaccination passports will become an integral part of the strategy to combat coronavirus disease (COVID-19). The introduction of such a system at the legislative level will form a number of social and legal issues that need to be addressed comprehensively now. Discussion and Conclusions: the introduction and subsequent use of immune passports can lead to a violation of the fundamental constitutional principles on which the entire legal system of states is based, to the emergence of a new form of discrimination, as well as to an increase in social tension. People may resort to obtaining documents in illegal ways, which will also create risks to the health of others. In addition, certification of immunity to the new coronavirus disease may include other personal information, including data on mental health and genetic tests, and the provision of such information will open the way to abuse by insurance companies, employers and other citizens.