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Have we learned from privacy infringments in the fight against COVID-19?

Publication at Faculty of Law |
2022

Abstract

In addition to other fundamental rights and freedoms, many of the measures to combat COVID-19 have also infringed on the right to privacy. These were often widespread infringments involving collection of large categories of personal data of a large number of people. These infringments did not end with the expiry of the individual emergency measures. Not only the consequences of past infringments persist, but also the infringments themselves - our personal data continues to be processed as a result of measures against COVID-19. Therefore, it is necessary to draw lessons from the current development for the future and to reflect on how we are prepared in the area of privacy infringments for possible further waves of COVID-19 or potential further epidemics.

In the text, the author will try to identify the main problems that have occurred in the area of privacy protection in the past more than two years in connection with the fight against COVID-19, and then outline possible solutions for the future, taking into account also experience from other countries. For example, at present it is practically impossible to learn who all continues to have at their disposal access to our personal data obtained in the context of the fight against COVID-19, including location data, what data it is, how long it can continue to be processed and for what purposes. This is despite the fact that, in theory, we have the right to be informed of these facts and, if we do not agree, we can even take legal action to defend ourselves against such processing. To do this, however, it is necessary to be informed that processing is taking place and who is responsible for it. However, the impossibility of obtaining information about the processing of personal data is not the only problem. More serious is the overall seriousness that the personal data protection agenda as a whole and the supervisory authority, the Office for Personal Data Protection, enjoys with other central government authorities.