COVID-19 and Privacy in the European Union: A Legal Perspective on Contact Tracing

Forthcoming in: Contemporary Security Policy

Amsterdam Law School Research Paper No. 2020-18

Amsterdam Centre for European Law and Governance Research Paper No. 2020-04

26 Pages Posted: 20 May 2020 Last revised: 20 May 2020

See all articles by Hannah van Kolfschooten

Hannah van Kolfschooten

Law Centre for Health and Life; University of Amsterdam - Amsterdam Centre for European Law and Governance; Amsterdam Law School

A. de Ruijter

University of Amsterdam - Law Centre for Health and Life

Date Written: May 20, 2020

Abstract

When disease becomes a threat to security, the balance between the need to fight the disease and obligation to protect the rights of individuals often changes. The current COVID-19 crisis shows that the need for surveillance and contact tracing poses challenges to the right of privacy. We focus on the European Union (EU), which has some of the strongest fundamental rights and data protection regimes, yet requires its member states at the same time to exchange personal data gathered through contact tracing. While public authorities may limit the right to privacy in case of threats to public health, the EU provides little guidance when such limitations are proportionate. To define standards, we analyse existing EU case law regarding national security measures. We conclude that on the proportionality of contact tracing in the EU it is difficult to reconcile public health measures and individual rights, but guidance can be taken from understandings of proportionality in the context of security, particularly in the current COVID-19 emergency.

Keywords: COVID-19, privacy, health threats, health law, pandemics, health security

JEL Classification: K4, K32, K33, K42

Suggested Citation

van Kolfschooten, Hannah and de Ruijter, Anniek, COVID-19 and Privacy in the European Union: A Legal Perspective on Contact Tracing (May 20, 2020). Forthcoming in: Contemporary Security Policy, Amsterdam Law School Research Paper No. 2020-18, Amsterdam Centre for European Law and Governance Research Paper No. 2020-04, Available at SSRN: https://ssrn.com/abstract=3606163

Hannah Van Kolfschooten (Contact Author)

Law Centre for Health and Life ( email )

Nieuwe Achtergracht 166
Amsterdam, 1018 WV
Netherlands

University of Amsterdam - Amsterdam Centre for European Law and Governance ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

Amsterdam Law School ( email )

Amsterdam, 1018 WB
Netherlands

Anniek De Ruijter

University of Amsterdam - Law Centre for Health and Life ( email )

Nieuwe Achtergracht 166
Amsterdam, 1018 WV
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
178
Abstract Views
1,490
Rank
329,290
PlumX Metrics