On the compatibility of pandemic data-driven measures with data protection: a review of Ireland's "under the radar" Covid-19 measures
Citation:
Porcedda, Maria Grazia, On the compatibility of pandemic data-driven measures with data protection: a review of Ireland's "under the radar" Covid-19 measures, Northern Ireland Legal Quarterly, 2022Download Item:
Porcedda_NILQ_submission_Oct-2021_TARA.pdf (Pre-print (author's copy) - Non-Peer Reviewed) 804.0Kb
Abstract:
This article reviews the compatibility of ‘under the radar’ data-driven measures adopted in
Ireland to contain the Covid-19 pandemic with data protection law, understood as both a source
of regulatory compliance, and as the substantiation of a right. The article elaborates a test for
permissible limitations on the right to data protection that incorporates requirements from the
applicable law, followed by an analysis of how select data-driven measures comply with the
various stages of the test. The measures reviewed - thermal scanner guns, health self-check
forms, statutory instruments for contact logging and the Vaccine Information System - appear
well-meaning but partly incompatible with the right to data protection. The analysis points to
the difficulty of reconciling public health and data protection without a systematic data
processing strategy and concludes with recommendations for right-proofing data-driven
measures in the guise of a blueprint strategy for processing for pandemic purposes.
Author's Homepage:
http://people.tcd.ie/mariagrpDescription:
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Author: Porcedda, Maria
Type of material:
Journal ArticleCollections:
Series/Report no:
Northern Ireland Legal Quarterly;Availability:
Full text availableKeywords:
Travel, Vaccine information system, Contact logging, Data-driven measures, Covid-19 pandemic, Legality, Judicial review, Fundamental right to the protection of personal dataSubject (TCD):
Digital Humanities , Immunology, Inflammation & Infection , TelecommunicationsLicences: