YOUR PASSPORT, PLISS
Entities that institute COVID-19 passports will likely be found to have acted illegally, if taken to court.
The amount of exemption, reasonable accommodation, and individual protection found in current privacy and discrimination laws is an extremely high bar. COVID-19 passports, as presented thus far, would fail to clear that bar.
Virtually all existing U.S vaccination requirements for schools, U.S. citizenship, the military, and health care workers contain exemptions. Additionally, a product being distributed under an FDA Emergency Use Authorization very likely cannot be added to lists of required vaccines.
Emergency Use Authorization products would face a difficult legal test in order to be deemed “Required.”
The FDA requires the secretary of HHS to “ensure that individuals to whom the product is administered are informed of the option to accept or refuse administration of the product” and to “ensure that recipients are informed to the extent practicable that they have the option to accept or refuse the product”.
Pfizer/BioNTech and Moderna injections require fact sheets to be made available to injection providers and recipients. These fact sheets make it clear that getting the injection is optional: “It is your choice to receive or not receive the Covid-19 injection,” and if “you decide to not receive it, it will not change your standard of medical care.”
The EEOC has issued guidance indicating that employers generally can mandate vaccinations for their employees (with the caveat of medical or religious exemptions) but that specifically addressed vaccinations that are authorized or approved by the FDA, and a drug distributed under an Emergency Use Authorization does not meet the criteria.
The record of the administration of an injection are records of provision of health care to the patient. By definition, this is Protected Health Information as defined by federal law.
An airline, concert venue, grocery store, etc. would have to have a device capable of legally reading, transmitting, and storing your medical information securely. There is no precedent for any of these types of entities having the authority to validate a prospective customer’s Protected Health Information and then deny them entry with no provision for exemptions for medical or personal beliefs.
https://rationalground.com/covid-19-passports-existing-u-s-vaccination-requirements-hipaa-the-ada-the-eeoc/
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