Awareness

The contribution has been published today by Broadband 4 Europe, here. 1. Introduction As is it well-known, the coronavirus pandemic (COVID-19) has profoundly changed our life, habits, communication and interaction between people, ways of working, etc. In essence, we are experiencing a situation that appears surreal because of the consequent behavioural rules that we are obliged to respect with social distancing to fight the battle of COVID-19. This pandemic situation, which in addition to Italy is leading many other states to adopt the most appropriate prevention measures, also entails a series of questions regarding the protection of personal data with which one must confront. The pandemic does not require new rules on the protection of personal data, except in the terms illustrated in more detail below, being sufficient to respect those currently in force. Moreover, in this sense is the statement of the Chair of the European Data Protection Board (EDPB), published on 16/03/2020 entitled “Statement of the EDPB Chair on the processing of personal data in the context of the COVID-19 outbreak”. Andrea Jelinek said: ...

After one year, many people make evaluations, while others forecast or organise events. My purpose is not celebratory but purposeful and prodromal: what are the aspects concerning the protection of personal data on which it would be appropriate to reflect and which deserve further investigation? One of the most relevant aspects is undoubtedly the “awareness” that it means “to have exact consciousness about himself”. Among the principles laid down in the GDPR, the “accountability” (art. 5, paragraph 2) is the central pillar. The data controller or the data processor who has to respect the “accountability” principle must necessarily be aware of “having a perfect consciousness about himself” on the knowledge of the GDPR rules and principles. It is not about a purely technical-juridical knowledge that would favour the jurist in the application of the laws. Reading the GDPR often goes beyond the qualification of the rules of conduct that are part of the legal system: there is much more over. We cannot ignore the fundamental rights provided for by the European Charter and by the Convention 108 plus. ...