‘I’m right behind you’: Digital contact tracing under European law

Abstract

The features of the coronavirus disease 2019 (COVID-19) pandemic demand a new form of contact tracing performed by digital means: digital contact tracing. However, this mechanism raises several issues in light of relevant European regulations, particularly in terms of personal data protection and privacy. The challenge is to have a digital contact tracing model that efficiently and speedily alerts people to potential infection, so they can get tested and isolated as necessary, but that also complies with European legal standards. This paper will address two main issues. First, it will analyse digital contract tracing and its different features from the perspective of data protection and privacy, seemingly the main concern in this domain. Secondly, the paper will analyse the loopholes and benefits of digital contact tracing in the European context, focusing on the tension between privacy, individual liberties and public health to address its legitimacy.