Sharon Bassan (Drexel University), A Proportionality-Based Framework for Government Regulation of Digital Tracing Apps in Times of Emergency, 126 Dick. L. Rev. (2022):
Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.