HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Sunday, August 28, 2022

On the Compatibility of Pandemic Data-Driven Measures with Data Protection: A Review of Ireland's ‘Under the Radar’ COVID-19 Measures

Maria Grazia Porcedda (Trinity College Dublin), On the Compatibility of Pandemic Data-Driven Measures with Data Protection: A Review of Ireland's ‘Under the Radar’ COVID-19 Measures, 73 N. Ireland Legal Q. (2022):

This article reviews the compatibility of ‘under-the-radar’ data-driven measures adopted in Ireland to contain the COVID-19 pandemic with data protection law. Since data protection law implements and gives substance to the right to the protection of personal data enshrined in article 8 of the Charter of Fundamental Rights of the European Union, the article reviews the compatibility of data-driven measures with the applicable law in light of the Charter. The measures reviewed – thermal scanner guns, health self-check forms, Statutory Instruments for contact logging and the Vaccine Information System – appear well-meaning but partly incompatible with the right to data protection. The analysis points to the difficulty of reconciling public health and data protection without a systematic data-processing strategy and concludes with recommendations for right-proofing data-driven measures in the guise of a blueprint strategy for processing personal data for present and future pandemic purposes.

https://lawprofessors.typepad.com/healthlawprof_blog/2022/08/on-the-compatibility-of-pandemic-data-driven-measures-with-data-protection-a-review-of-irelands-unde.html

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