Protección de datos personales en el contexto de la Covid-19: legitimación en el tratamiento de datos de salud por las administraciones públicas

Abstract

This study offers a thorough, systematic, up-to-dale analysis of declaration of the State of Alert and the processing of personal data concerning the heath of people affected and/or potentially affected by the exceptional situation stemming from COVID-19. Specifically it analyses the distinction between the state of alert and the states of exception and siege, and the possible effect on the fundamental right to personal data protection in the exceptional circumstances of health crises, as well as the effects said declaration could have on applicable legislation stemming, on a European level, from the General Data Protection Regulation (GDPR) and, on a Spanish level, supplementing and developing the GDPR, the Organic Law on Personal Data Protection and Guarantees for Digital Rights (LOPDGDD). Then, taking into account both general and sectoral legislation applicable to health and data protection, the study proceeds to analyse the legitimate bases and exceptions applicable to health emergency situations like the current one which enable data processing bearing in mind the nature of the controller placing special emphasis on the public interest pursued by the public administrations and the vital interest of the person concerned.