Duty to protect and responsibility to respect: data privacy violations in pandemic times

Abstract

ABSTRACT How far can State and businesses ‘play’ with personal data, claiming to protect the right to health in pandemic times? This question leeds to the discussion of the possible damage caused by profiling and contact tracing techniques regarding personality rights in relations between ICT companies and States’. By analysing the way European and Inter-American bodies are tackling data protection rules currently in force, the text analyses the consent as a problematic issue, considering both the opt-in and opt-out model are not enough to protect those rights, especially in pandemic times. Although contact tracing might be used in favour of Public Health policies, it may also result in the violation of human rights. Applying the inductive method, this paper proposes a reflection about online behavioural tracking and profiling practices, explaining the efects of personal data mass gathering and the complex relations between businesses activities and human rights. The main conclusion is that all individuals have the same right to privacy, equality and freedom of choice. Thus, States should provide clear and objective rules to be followed by ICT companies, in accordance with international rules, ensuring individual’s protection and holding data processors accountable for personal data processing.