‘You have the right to refuse the COVIDSafe app, just as I have the right to my health’

Downloading the government’s coronavirus tracking app shouldn’t be mandatory. But failing to do so should come with consequences for those refusing to do their part, writes Sam Crosby.

If you have an objection to downloading the COVIDSafe app, the government shouldn’t force you. But if you want to mix with society it should be mandatory.

Not having the app is a choice we should respect on an individual rights level. But as soon as you step out your door the equation changes. If you want to go out into public with the rest of us, using the app should be a prerequisite.

If this approach sounds draconian, it shouldn’t. Because it’s exactly the same deal we apply to pants. If you have a conscientious objection to wearing a pair of strides, the government doesn’t make you. But if you want to catch the train, you better have your backside covered.

This is a classic tension within liberal democracies. The individual should be able to do whatever they want – right up until that starts impeding someone else from doing what they want.

So if I want to drink myself into a stupor, I better do so in my lounge room. I can’t do it at the local playground because it impedes the right of children to feel safe.

If I want to drive a vehicle at 150 km/h, I better find a private property. I can’t do that on my street because it impedes my neighbours’ right to stay uninjured.

The Australian government’s COVIDSafe tracking app shouldn’t be mandatory, but the rules for those who don’t use it should be. Picture: Quinn Rooney/Getty

And if I want to keep my devices free of government-approved apps designed to limit the spread of a pandemic I can, but I should keep my own company.

To be honest, I’m not quite sure why this app has taken on such a special status in terms of individual liberty. Political brains have been wrestling with this kind of thing since John Locke in the 17th century.

Indeed, when it comes to the rights of the individual versus the rights of the collective the mandatory use of the COVIDSafe app has unique arguments in its favour. We’re talking about death here. All our medical authorities have told us that the mass uptake of this app is overwhelmingly likely to save lives. But we need to get around half of the population using it to be useful. It hardy seems like the sort of thing that should be left to individual choice alone.

Furthermore, the concerns people have – while undoubtedly meaningful on an individual level – don’t really stack up objectively. If you aren’t satisfied with a contact trace log being deleted after 21 days, or all information being deleted at the end of the pandemic, or the assurances of the Australian Information Commissioner and Privacy Commissioner Angelene Falk, then I’ve got some bad news about everything else your digital devices are up to.

The government’s coronavirus app will help the government identify potential COVID-19 cases. Picture: Quinn Rooney/Getty

More than 60 per cent of us have a Facebook account. Around 90 per cent of us use Google products. We carry credit cards. When we walk the streets we are constantly filmed by CCTV. You don’t get to choose whether or not you want a tax file number.

If you’re OK with all that but baulk at an app designed to limit our exposure to a deadly pandemic then I’m not sure how much individual leeway you should be given.

No federal agency, department, police warrant, or any court order can be used to access the app’s data. Is that not enough?

Anti-vaxxers are rightly frowned upon because they place their individual beliefs above the safety of the rest of us.

We managed to mitigate a lot of this damage through ‘no jab no play’ regulations – it’s not crazy to suggest we apply a similar logic to COVIDSafe.

Sam Crosby is executive director of The McKell Institute