Collateral damages in times of pandemic: concerns about the use of personal data to combat COVID-19

• Autor(a) principal: Modesto, Jéssica Andrade
• Data de Publicação: 2020
• Outros Autores: Ehrhardt Junior, Marcos
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/6770
• topic: Personal Data; Privacy; Data Processing; Collateral Damages; Pandemic.; Direito; Dados Pessoais; Privacidade; Tratamento de Dados; Danos Colaterais; Pandemia.

Since the end of 2019, the new coronavirus pandemic has been infecting and killing thousands of people around the world. To reduce the spread of the disease, governments have adopted several measures, many of which involve the processing of personal data to map possible infected people and to identify those who are not complying with the quarantine period. In this scenario, the present work aimed to analyze the legal issues that involve the treatment of personal information by the public power, drafting the injuries that such treatment can cause to the data subjects, seeking to identify if there are limits to the treatment and disclosure this data in situations like the current one. It was assumed that the right to privacy may be restricted when the collective interest so requires, however, the use of personal data by States for the purpose of health protection may occur in compliance with fundamental rights. A bibliographic/documentary research was carried out on doctrine, journalistic articles and national and foreign legislation on the subject. It was concluded that, through the observance of certain principles, respect for privacy can and must live with the measures of treatment of personal data used to control the spread of the pandemic and monitor patients. However, it is a very arduous task to establish the balance point in the treatment of personal data for the benefit of the collective interest, so that the limits need to be constructed in the analysis of the specific case.