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INFECTIOUS DISEASE
SURVEILLANCE AND CRIMINALIZATION
Many of the methods public health uses are deployed in service of carceral logics and institutions.
For example, molecular surveillance, a popular data gathering method in the HIV public health response, has been critiqued by anti-criminalization groups like the Positive Women’s Network1. They note that this type of data can be easily co-opted by law enforcement and place people living with HIV at risk for prosecution. One study showed that 95% of HIV criminalization charges were targeted at sex workers, often as felony upgrades to misdemeanor HIV charges2. Since sex workers are at particular risk for exploitation by both patriarchal and state violence, this is an issue of survivor justice.
The following selected resources focus specifically on how data collection, surveillance, and policing can be non-consensual and violent, to counter the public health practice that prioritizes surveillance as necessary to health, especially in the context of infectious disease. Some resources also illustrate how surveillance is seen as a means to an end, but does not effectively intervene or challenge systemic and structural harm and disproportionately impacts communities of color. Updated 3/23/22.
Selected Resources
- Rethinking Criminalization of HIV Exposure — Lessons from California’s New Legislation, The New England Journal of Medicine
- We are People, Not Clusters, American Journal of Bioethics
- Addressing State Violence as a Public Health Issue Webinar, Human Impact Partners
- Alternatives to sharing COVID-19 data with law enforcement: Recommendations for stakeholders, Health Policy
- Unmasked: Impacts of Pandemic Policing, Community Resource Hub for Safety and Accountability
- HIV Lessons for COVID Contact Tracing, Georgetown Law
- Surveilling Racialized Bodies, NACLA Report on the Americas
Discussion Questions
- In what ways do public health systems mirror or enable the prison industrial complex?
- How could data you collect be used to harm marginalized communities? What do you owe the people you are collecting data from to protect them from the criminal legal system?
- What opportunities can you incorporate into your work to minimize the harm law enforcement could cause with surveillance data?
Who To Follow
- Kamaria Laffrey @mrs_kam
- Kenyon Farrow @kenyonfarrow
- Dr. Steven W Thrasher @thrasherxy
- Eric Stanley @Eric_A_Stanley
- Positive Women’s Network USA @uspwn
- The Sero Project @TheSeroProject
- HIV is Not a Crime @HIVIsNotACrime
- SisterLove, Inc @SisterLoveInc
- Free Them All for Public Health @FreeThemAll2020
For Further Learning
TAKE ACTION
1Find out what campaigns are taking place in your state to strengthen patient privacy protection or end the criminalization of HIV. Are there ways that you and your institution can amplify and support these campaigns?
2Forms of medical surveillance can also entangle people who use drugs. Learn more about patient legal protections, including patients engaging in substance use treatment through a federally assisted medical facility.
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TowardsAbolition.com is a learning and action guide developed for people
involved in the public health field including students, researchers, and practitioners.
Contact Us
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Last updated May 2021