Report by Estelle Massé. AccessNow.
March 2020.
International and national laws recognize that extraordinary circumstances require extraordinary measures. This means that certain fundamental rights, including the rights to privacy and data protection, may be restricted to address the current health crisis as long as basic democratic principles and a series of safeguards are applied, and the interference is lawful, limited in time, and not arbitrary. Governments, companies, NGOs, and individuals alike have a responsibility to do their part to mitigate the consequences of COVID-19 and to show solidarity and respect for each other. In this paper, we will provide privacy and data protection recommendations for governments to fight against COVID-19 in a rights-respecting manner. There will be an aftermath to the COVID-19 outbreak. The measures governments put in place right now will determine this aftermath. The recommendations outlined below will ensure that the rule of law, and the rights to privacy and data protection, are protected throughout this crisis and in the future.
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