CONTACT TRACING APPS FOR COVID-19 AND PERSONAL DATA PROTECTION LAW (FRANCE PERSPECTIVE) Joiverdia Arifiyanto (1)*, Denis Voinot (2), Mahmul Siregar (3)
(1) (2) Universite de Lille, Lille-France
(1) (3) Universitas Sumatera Utara, Medan-Indonesia
* joiverdia[at]gmail.com, joiverdia.arifiyanto.etu[at]univ-lille.fr
Abstract
The processing of personal data in the context of the Covid19 pandemic raises many legitimate questions. Data protection authorities have been anxious to reassure both that personal data protection legislation does not hinder the implementation of processing operations to manage the pandemic, including where health location data are concerned. France government authorised the creation of a data processing system called StopCovid. Inevitably, the technical solution will process personal data (even pseudonymised), including health data, which is sensitive data. This research applied empirical normative methodology. Data is analysed based on Regulation (EU) 2016/679 (General Data Protection Regulation). The result shown that compliance with personal data protection principles is necessary to guarantee the rights and freedoms of individuals. If the evolution were to be different and allow for broader surveillance, the balance of interests would have to be rearranged to assess this new purpose. However, the applicable framework seems to be rather largely unknown or misunderstood, and many questions concerning the tracing of the population in order to contain the pandemic remain unresolved. In order to get out of the controversy linked to the debate on the infringement of individual liberties, which certainly exists but is nevertheless limited here, it is important to return to the fundamentals. The lawfulness of such system will therefore depend on the purpose and legal basis of the processing.
Keywords: personal data, protection, GDPR, StopCovid
