Right to privacy and protection of personal data in the age of the COVID-19 pandemic

  • Ana V. Čović Institute of Comparative Law, Belgrade (Serbia)
Keywords: COVID-19, human rights, right to privacy, personal data protection, pandemic, state of emergency

Abstract


During the COVID-19 virus pandemic, individuals and society as a whole faced primarily challenges in the field of health, physical and mental, but also a number of other problems caused by the virus and various measures mainly related to restriction of freedom of movement and freedom of assembly. Apart from the health aspects of the global pandemic and its impact on the world economy, the sociological and legal aspects are extremely important, especially in the field of respect and protection of guaranteed human rights as one of the basic postulates of modern democratic society. When and to what extent their restriction is justified and expedient, as well as the exact limits of action of the state government and its representatives in situations when they are obliged to protect the general safety and public health of the population, are issues that have always caused numerous controversies and conflicting opinions. Today, individuals, various nongovernmental, regional and world organisations, are trying to answer the question whether during the past period man as a central subject of legal protection was seen through the eyes of respect, compassion and love of those whom he entrusted to make decisions on his behalf or whether the human dignity or a free man was sacrificed for the sake of political and financial interests of individuals and certain interest groups. Life in the digital era and the accelerated development of digital technologies have made the issue of privacy and personal data protection topical, especially in the period of the last global pandemic and the appearance of mobile applications for monitoring the contacts of patients. This raised the question of compliance of their use with legal regulations at the international and national level in the field of human rights protection.

References

Constitution of the Republic of Serbia (2006). Službeni glasnik Republike Srbije 98/2006 [In Serbian]

Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, https://eurlex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32016L0680&-from=EN

European Parliament Resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (2020/2616(RSP)). (2020, 17 April). Brussels. Available at https://www.europarl.europa.eu/doceo/document/TA-9-2020-0054_EN.html

Greene, А. Derogating from the European Convention on Human Rights in Response to the Coronavirus Pandemic: If not Now, When? (2020, April 14). Forthcoming, European Human Rights Law Review 2020. Available at http://dx.doi.org/10.2139/ssrn.3593358

Guild, E., Mendos Kuskonmaz, E. (2020, 4 May). COVID-19: A New Struggle over Privacy, Data Protection and Human Rights? European Law Blog – News and Comments on EU Law. Available at https://europeanlawblog.eu/2020/05/04/covid-19-a-new-struggleover-privacy-data-protection-and-human-rights/

Human Rights Watch, Mobile Location Data and COVID-19: Q&A. (2020, May 13). Available at https://www.hrw.org/news/2020/05/13/mobile-location-data-and-covid-19-qa

Joint Statement on the right to data protection in the context of the COVID-19 pandemic by Alessandra Pierucci, Chair of the Committee of Convention 108 and Jean-Philippe Walter, Data Protection Commissioner of the Council of Europe, (2020, 30 March). Strasbourg: Council of Europe. Available at https://rm.coe.int/covid19-joint-statement/16809e09f4

Law on Confirming the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Službeni list Savezne Republike Jugoslavije – međunarodni ugovori, 1/92, Službeni list Srbije i Crne Gore – međunarodni ugovori, 11/2005 – other law and Službeni glasnik Republike Srbije – međunarodni ugovori , 98/2008 – other law, and 12/2010) [In Serbian]

Law on Healthcare, Službeni glasnik Republike Srbije 25/2019. [In Serbian]

Law on Health-Related Documentation and Records, Službeni glasnik Republike Srbije, 123/2014, 106/2015, 105/2017, 25/2019. [In Serbian]

Law on Patients’ Rights, Službeni glasnik Republike Srbije 45/2013, 25/2019. [In Serbian]

Law on Personal Data Protection, Službeni glasnik Republike Srbije, 87/2018. [In Serbian]

Law on Ratification of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Službeni list Srbije i Crne Gore – međunarodni ugovori, 9/2003, 5/2005 and 7/2005 – corr., and Službeni glasnik Republike Srbije – međunarodni ugovori, 12/2010 and 10/2015. [In Serbian]

Lazarević, M. Bajić, D. (2020, May 8). COVID-19 tracing app in Serbia – How to pave the road with trust, transparency and inclusion, Policy Brief, European Policy Centre. Available at https://cep.org.rs/en/publications/brief-covid-19-tracing-app-in-serbia/

Mühlhoff, R. We Need to Think Data Protection Beyond Privacy: Turbo-Digitalization after COVID-19 and the Biopolitical Shift of Digital Capitalism (2020, March 30). Medium 2020. Available at SSRN: https://ssrn.com/abstract=3596506 or http://dx.doi.org/10.2139/ssrn.3596506

Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, CETS No. 223. (2018, 10 April). Strasbourg: Council of Europe. Available at https://rm.coe.int/16808ac918

Recommendation CM/Rec(2019)2 of the Committee of Ministers to member States on the protection of health-related data. (2019, March 27). Available at https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=090000168093b26e

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Available at https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679

Sander, B. Belli, L. COVID-19 Symposium: COVID-19, Cyber Surveillance Normalisation and Human Rights Law. (2020). Available at http://opiniojuris.org/wp-content/uploads/B.-Sander-J.-Rudall-eds-COVID-19-and-International-Law-Opinio-JurisSymposium-copy-1.pdf

Statement on the processing of personal data in the context of the COVID-19 outbreak. (2020, March 20). European Data Protection Board. Available at https://edpb.europa.eu/our-work-tools/our-documents/other/statement-processing-personal-data-context-covid-19-outbreak_en

Published
2020/10/04
Section
Original scientific paper