Right to Safety and Processing of Personal Data in Covid-19 Pandemic
Keywords:: COVID-19; pandemic; health data; privacy; Privacy Code; EU Regulation 2016/679; Directive 95/46/EU; GDPR
Background: The strong limitations to rights of persons, that we all believed to be inviolable shortly before
the emergency Covid-19, have raised many questions not only among citizens but also among jurists. The
fine line between rights of individuals and rights of community is been countless times bypassed in pandemic
management with government measures having urgent nature of application which have seriously affected
the labile and difficult balances sought through perennial competitiveness of those rights. Acting in principal
interest of community has imposed significant restrictions for individuals to freedom of movement and
even to leave their home. Restrictions, equally stringent, have been taken in health sector: let us consider
the obligation, in same cases, to undergo an inspection, through a swab, of contagious state. In all of this
what role did the laws play on privacy and why, often, it was not necessary to acquire the consent of the
individuals interested in implementing some of the procedures for containing the infection? A question
which constitute the aim of this study. Methods: Based on a comparative methodology which compares
acquis communautaire with Italian legislation, the research sets useful elements for an objective assessment
of what happened during Covid-19 pandemic management. Results: The processing of personal data, even
if activated without the consent of interested person, does not exclude him from carrying out actions on
that data. Conclusion: The citizens can perform a control, even active, on the processing of their data by
exercising their rights extended from access to rectification and even their cancellation.
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