The COVID-19 pandemic as a challenge for personal data protection

Abstract

The occurrence of any crisis serves as a testament to the significance of human rights for the state and sheds light on the willingness of state institutions to establish a fair balance between fundamental human rights and other legitimate interests.

The COVID-19 pandemic presented itself as a significant challenge not only to healthcare systems, but, but also for protection of human rights. The primary objective for all states during this period was the safeguarding of public health. However, the degree to which states compromised human rights in pursuit of this objective was contingent upon their level of democratic development and adherence to fundamental human rights principles.

Among the various rights jeopardized during the pandemic, personal data and privacy emerged as prominent concerns. During the COVID-19 pandemic, a particularly large amount of special category personal data related to health status was processed. Personal data was processed not only by state institutions, but also by private companies (for example, thermal screening data). The process of learning and working has moved to the online mode, which has led to the processing of a particularly large volume of data electronically. To impede the spread of the disease, numerous online applications were developed, entailing the processing of geo location data for millions of individuals.

Extraordinary situation and need of prompt response made complicated to strike a fear balance between human rights and public health interests. Additionally, the sustainability of state institutions, their competences, and the level of democracy within the country have played pivotal roles in establishing this equitable balance. Consequently, the advent of the COVID-19 pandemic can be perceived as a litmus test, assessing the preparedness of state institutions to navigate crisis scenarios and effectively discharge the responsibilities entrusted to them.