Proteção de dados pessoais versus proteção da Saúde em tempos de pandemia – Tendências do presente que anunciam o futuro, a curto, médio e longo prazo versus sinais do futuro no presente

Abstract

The right to health is a fundamental right enshrined in the Constitution of the Portuguese Republic. The right to data protection is not an absolute right, so it may give way to other rights, depending on the circumstances. This right implies a care with the security of information, where personal data are integrated. This is a trend of the present that announces the future, in the short term. It is a sign of the future in the present. This trend has been reinforced by the abrupt intrusion of the coronavirus into national, European and global life, which is causing a pandemic, that must be urgently combated. We have taken a brief look at some of the mechanisms and tools used in this fight, with implications for the protection of personal data. Despite the imperative of defending personal data and their protection, this will always have to be given up when more relevant values are at stake, such as the cause of the individual health and public health in general, called into question by the pandemic.