of vaccine passports and vaccine mandates leading to a clear violation of constitutional rights, there currently exists no clear regulatory framework to fully protect the privacy of United States citizens and United States nationals with respect to their vaccination records and negative COVID–19 test results. (51) The widespread acceptance and implementation of vaccine passports has also led to employment discrimination, where employers have taken adverse employment actions against employees who are not vaccinated because of an underlying health condition and without regard to the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), which requires an interactive process whereby the employer follows the law to assess if the employee can and should be reasonably accommodated under such Act. (52) Given that COVID–19 vaccines do not prevent the transmission of the SARS–CoV–2 virus, the implementation and widespread utilization of vaccine passports has led and will lead to the refusal to provide services to unvaccinated persons. (53) The denial of public services and public accommodations, as well as adverse employment actions, based on COVID–19 vaccination status, lack of or refusal to present a vaccine passport, refusal to get vaccinated, or requiring an individual to explain the underlying reason why they are not vaccinated, could constitute unlawful discrimination, including as to sex, age, familial status, disability, or based on genetic or other health condition. (54) Any United States person that requests the vaccine records of a United States individual, including data such as a copy or other digital record of a vaccine passport or similar proof of vaccination, should be regarded as having collected protected health information and should be regarded as a covered entity as defined in the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (55) The policy of the United States is to recognize, defend,