New York State

Vaccine passports raise equity, privacy concerns

New York’s Excelsior Pass can’t be equitable until vaccinations are equitable, some advocates say.

Excelsior pass

Excelsior pass Office of Governor Andrew M. Cuomo

Despite New York’s fight against COVID-19 reaching a frustrating point of stagnation, the state is ramping up vaccinations and charging forward with reopenings of stadiums, theaters, event venues and more long-shuttered businesses. But the brave new, post-pandemic world requires a special key for entry, and not everyone will be allowed in.

Last month, New York launched Excelsior Pass, its version of a vaccine passport program, which requires people to display proof of either COVID-19 vaccination or a recent negative COVID-19 test before entering participating venues such as baseball stadiums or concert halls. (Madison Square Garden and the Times Union Center in Albany were announced as participating establishments when Excelsior Pass first launched, but the state has opened the door for smaller entertainment and events venues to use the pass as well.)

Excelsior Pass uses a smartphone app that businesses scan to confirm your vaccination or recent negative test, but users can also register their vaccination or recent test online and print out a piece of paper with a QR code to scan. Participating businesses are also required to accept other forms of proof of vaccination or negative COVID-19 status, such as a printout of a recent test result or your Centers for Disease Control and Prevention vaccination card. 

The idea of vaccine passports has been batted around by the federal government in recent months for travel purposes, and the passport approach has historical roots in the country’s fight against smallpox. But in this pandemic, the concept of vaccine passports has already become controversial, with several states banning mandated vaccine passports, and politicians on the right characterizing them as infringing on civil liberties and personal freedoms. 

While it may not be a surprise that vaccine passports invite conservative ire – it’s a logical next step from those who rebelled against mask mandates – the approach to reopening the economy is also drawing criticism from civil rights groups who say that, in addition to raising privacy concerns, vaccine passports risk disadvantaging those who have a harder time accessing the COVID-19 vaccine. “Any prerequisite for a vaccine passport has to be universal access to vaccines,” said Allie Bohm, policy counsel at the New York Civil Liberties Union.

The fact that New York’s Excelsior Pass doesn’t just accept proof of vaccination but also proof of a recent negative COVID-19 test may mitigate some of that concern, but it’s still not a perfect solution, Bohm said, noting that it could still disadvantage people who don’t have easy access to COVID-19 tests. 

While New York City and New York state have made an effort to distribute the COVID-19 vaccine to the people hit hardest by the pandemic and least likely to be able to access it, which includes low-income New Yorkers and people of color, current data still shows a troubling disparity in vaccinations. As of Friday, citywide data shows that white people account for roughly 36% of those who have received at least one vaccine dose, while Asian Americans account for 20%, Latinos for 19% and Black people for 14%. Statewide data also displays a large gap, with white people being vaccinated at higher rates than people of color. 

While Black and Latino New Yorkers account for a disproportionately low number of vaccinations, they are also the communities with the highest rates of COVID-19, and they include people who have developed some degree of immunity from having been infected and recovered. While people who fall into that category are still encouraged to get the vaccine, it’s notable that one can’t use naturally acquired immunity to obtain Excelsior Pass. Representatives for Gov. Andrew Cuomo did not respond to requests for comment for this story, including about whether Excelsior Pass would accept positive results from antibody tests.

Wafaa El-Sadr, a professor of epidemiology at Columbia University’s Mailman School of Public Health, said that New York’s reopening of large public venues is premature, and not only because of remaining inequities in vaccinations. “Fundamentally, the challenge is that this vaccine passport (is) now enabling some people to access some venues that are considered higher risk, e.g. indoor restaurants, sporting events, etc,” El-Sadr wrote over email. “Overall, I believe that this is the wrong time to facilitate access to such venues, with current case rates in the city and (the) threat of new variants.”

The idea of vaccine passports being used for travel has drawn similar concerns about equity, and the World Health Organization has not endorsed their use yet, citing concerns about discrimination against those who haven’t accessed the vaccine.

There are also equity and security concerns about the pass itself. While a smartphone isn’t required to use Excelsior Pass, internet access and digital literacy is still required for the first step of registering their vaccination or test status online. And then there are worries about fraudulent use of the app.Geoffrey Fowler, technology columnist at The Washington Post, found that it was fairly easy to copy a QR code generated from a vaccination record or negative test result to other phones. Businesses can require that users present an ID along with their Excelsior Pass to help fight potential fraud, but that then raises questions about people who don’t have IDs or who are wary of showing their ID anywhere they go.

But while it’s not hard to find flaws with the vaccine passport program, there aren’t any clearly better alternatives.Bohm said that while vaccine passports may end up becoming part of New York’s reopening, the state should focus first on ensuring universal vaccine access and distribution, and then tackle other concerns to improve Excelsior Pass, including creating a robust privacy policy and sufficient analog alternatives.

Arthur Caplan, a bioethicist at New York University’s Grossman School of Medicine, said that vaccine passports are the right approach for New York’s reopening. “I think more and more people are going to expect when they go to a sports event or Broadway or a cruise ship, that the workforce is vaccinated and the people they’re there with are vaccinated, or at least that they’re not sitting next to people who aren’t,” Caplan said. The Excelsior Pass shouldn’t be a pass for loosening other precautions, like distancing and mask wearing though, Caplan said, noting that those are steps to consider closer to when we’ve achieved herd immunity. 

New York City Mayor Bill de Blasio acknowledged privacy concerns surrounding Excelsior Pass this week, but said that the passport program is a good idea.

It’s still not clear just how widely Excelsior Pass will be used. While it’s currently discussed for entry to places like sports arenas, theaters and wedding venues, the state has left open the possibility that other businesses can opt-in too. Advocates are also eager to see limits placed on how long Excelsior Pass will be used. “The other piece is making sure that this isn’t a thing that stays with us for all time,” Bohm said. Representatives for Cuomo did not respond to a request for comment on what types of businesses may eventually be using Excelsior Pass or how long they envision the passport program being used. 

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.