I don't think any Covid19 tracking app can avoid increasing the opportunity for law enforcement surveillance.
However, I do think the risks can be minimised, law enforcement and the public can be made aware of the increased capability and democratic systems can not only make the right decision for here and now in a pandemic, but know what to stop doing when the elevated risks are over.
https://eandt.theiet.org/content/articles/2020/05/developers-find-new-flaws-in-source-code-of-nhs-contract-tracing-app/