The Department of Justice today submitted the complete Mueller Report to federal Judge Reggie B. Walton for review. The judge will now determine whether the federal agency properly withheld information EPIC sought in the open government case EPIC v. Department of Justice. The judge's review of the Mueller Report marks one of the most significant "in camera" reviews in the history of the Freedom of Information Act. Judge Walton will also examine a related memo obtained by EPIC to determine what additional material must be released to EPIC and the public. Judge Walton previously ordered the DOJ to turn over the full Mueller Report in EPIC's case, citing "the need for the American public to have faith in the judicial process." The court also rebuked Attorney General Barr and raised "grave concerns about the objectivity of the process that preceded the public release of the redacted version of the Mueller Report[.]" The book EPIC v. DOJ: The Mueller Report, which includes EPIC's original FOIA request and related materials, is available for purchase at the EPIC Bookstore. EPIC's case—the first in the nation for the disclosure of the Mueller Report—is EPIC v. DOJ, No. 19-810.
Apple has launched a COVID-19 Screening Tool that provides information about the coronavirus, information about social distancing and current guidance on COVID-19 testing. Apple states "Apple is not collecting your answers from the screening tool. To help improve the site, Apple collects some information about how you use it. The information collected will not personally identify you." In a press statement, the CDC said the "tool provides CDC recommendations on next steps including guidance on social distancing and self-isolating, how to closely monitor symptoms, recommendations on testing, and when to contact a medical provider." In a comment on Twitter, Apple CEO Tim Cook said "the data is yours and your privacy is protected. Stay safe and healthy." In 2015, Tim Cook received the EPIC Champion of Freedom Award.
Today the Council of Europe published a Joint Statement on The Right to Data Protection in the Context of the COVID-19 Pandemic. The statement was published by Alessandra Pierucci, Chair of the Committee of Convention 108 and Jean-Philippe Walter, Data Protection Commissioner of the Council of Europe. The COE Statement advises that "States have to address the threat resulting from the COVID-19 pandemic in respect of democracy, rule of law and human rights, including the rights to privacy and data protection." The Council further states that even during a public health crisis, "human rights(such as the International Covenant on Civil and Political Rights and the European Convention on Human Rights) cannot be suspended but only derogated or restricted by law, to the extent strictly required by the exigencies of the situation, while respecting the essence of the fundamental rights and freedoms." The COE notes that "anonymised data is not covered by data protection requirements. The use of aggregate location information . . . would thus not be prevented by data protection requirements." EPIC has worked closely with the Council of Europe on updates to the Council of Europe Privacy Convention, recommended US ratification of the Convention, and recently advised the COE on AI policy. The text of the COE Privacy Convention is contained in the EPIC Policy Law Sourcebook.
