11.05.2020 Francisca Robalo Cordeiro, Helena Tapp Barroso, Maria Da Assunção Da Cunha Reis, Tiago Félix Da Costa

Coronavirus - Legal Implications: Personal Data

[This article is part of a guide by Morais Leitão dedicated to the legal implications of the - at the time - new coronavirus.]

A number of issues have arisen on this subject with regard to how measures may be taken to prevent and mitigate the virus in compliance with the provisions of the GDPR, since the hazardous nature of the pandemic and the speed with which it has developed require rapid measures and the processing of personal data which, in a normal situation, would not be necessary.

On 16 March, the Chair of the EDPB made a statement on the protection of personal data in the current context(1). According to Andrea Jelinek, the GDPR does not hinder measures taken in the fight against the virus which involve the processing of personal data, and even provides for the processing of data in situations such as the one we are currently going through, but it must still be complied with.

Topic covered:

  • Proceeding of personal data in the employment context: lawfulness
  • Public interest and vital interest
  • CNPD: suspension of time limits
  • Remote working, confidentiality and security measures
  • Proceeding of location data

For more information, please download the document below.