Case Law Survey On Data Protection – COVID-19 Litigation Project

Legal Policy & Pandemics. The Journal of the Global Pandemic Network – LPPJ , 2021, Vol. 1, Issue 1-2-3

28 Pages Posted: 6 Jan 2022

See all articles by Chiara Angiolini

Chiara Angiolini

Department of Law, University of Siena

Date Written: November 30, 2021

Abstract

The article aims at analyzing the data protection case law collected within the COVID-19 Litigation project until November 2021. In particular, the survey focuses on litigation concerning cases where the processing of personal data is directly aimed at addressing the ongoing pandemic. The article firstly provides a very brief overview of the cases, focusing on the purposes of processing (Section 2). Then, the decisions are described in relation to the legal issues they address: the grounds for the processing of public interest and consent (Section 3), the different aspects of personal data processing that have been considered by the Court (Section 4), data transfers outside external borders (Section 5), and the remedies that courts have granted in individual cases, building a classification of those remedies (Section 6). In the course of the analysis, as well as in Section 7, case law trends are critically considered, also looking at future litigation and possible lines of research to be further developed.

Keywords: data protection, judicial dialogue, COVID-19, pandemic, litigation, personal data, proportionality, case law, privacy

Suggested Citation

Angiolini, Chiara, Case Law Survey On Data Protection – COVID-19 Litigation Project (November 30, 2021). Legal Policy & Pandemics. The Journal of the Global Pandemic Network – LPPJ , 2021, Vol. 1, Issue 1-2-3 , Available at SSRN: https://ssrn.com/abstract=3999319 or http://dx.doi.org/10.2139/ssrn.3999319

Chiara Angiolini (Contact Author)

Department of Law, University of Siena ( email )

via Mattioli 10
Siena, Siena 53100
Italy

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