The essay analyses digital contact tracing (or proximity tracing) tools at the time of the COVID-19 pandemic, focusing in particular on the processing of personal data. Although Regulation EU no. 2016/679 (GDPR) has embraced the principle of technological neutrality, the choice of software applications is not neutral for expected outcomes and users’ trust. Therefore, while balancing between public interest and individual rights, the reasoning moves from the purposes of data processing, mostly laid down by law, to the concrete means of contact tracing, in which regulation and automation, law and technology, have to merge.
Regolare la tecnologia di digital contact tracing alla luce della protezione dei dati personali
Bernes, Alessandro
2020-01-01
Abstract
The essay analyses digital contact tracing (or proximity tracing) tools at the time of the COVID-19 pandemic, focusing in particular on the processing of personal data. Although Regulation EU no. 2016/679 (GDPR) has embraced the principle of technological neutrality, the choice of software applications is not neutral for expected outcomes and users’ trust. Therefore, while balancing between public interest and individual rights, the reasoning moves from the purposes of data processing, mostly laid down by law, to the concrete means of contact tracing, in which regulation and automation, law and technology, have to merge.
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