Data Protection Law Aspects of Spanish and European Contact Tracing Applications : Assessing Risks, Their Compliance and Proposing Mitigation Strategies

Abstract

In light of recent global events, legislators and scholars within the legal domain find themselves compelled to reassess the safeguarding of personal data in the context of contact tracing applications. The advent of the first global pandemic in an era dominated by digital technologies has bestowed unprecedented surveillance capabilities upon governments during outbreaks. Although the subject may initially appear concise, it necessitates a comprehensive examination due to its multifaceted nature. Legal practitioners, academics, and governmental bodies have articulated their perspectives on this issue. While law firms, scholars, and public institutions have offered preliminary insights, a nuanced exploration directly tied to the research position is notably absent. The pandemic has underscored the potential necessity for global seclusion in response to future biological threats. The primary motivation behind such isolation is the protection of human health. In the contemporary digital age, an exhaustive investigation into the precautions to be taken and their implications for the protection of individuals' personal data becomes imperative. Amidst the paramount consideration of safeguarding the right to life for all members of society, it is equally crucial to ensure the protection of their right to privacy and personal data. While the precedence of the right to life is acknowledged, a comprehensive evaluation of all facets of the event, with particular emphasis on the protection of personal data, is imperative. Neglecting this aspect could potentially lead to profound challenges for humanity once the pandemic is surmounted. Consequently, this research endeavours to contribute substantively to the discourse on privacy-preserving requirements for contact tracing applications. It aims to achieve this by conducting an in-depth analysis of personal data protection, thereby enhancing data protection efficacy within the European Union, European Economic Area, and Spain. The primary objective of this study extends beyond addressing the data protection aspects of current contact tracing applications; it seeks to establish a robust data protection/privacy framework to address potential applications that may emerge in the future.

Date of Award	9 Oct 2024
Original language	English
Supervisor	Antoni Roig Batalla (Director)