Individual Privacy and Data Protection Rights. The Legal and Economic Consequences of the Violation During the Covid-19 Pandemic

Article DOI: https://doi.org/10.57017/jorit.v2.2(4).09

Author(s):

Biljana DAMJANOVIĆ Faculty of Law, University Mediterranean, Podgorica, Montenegro Secretary General of Constitutional Court of Montenegro
Danilo ĆUPIĆ Faculty of Law, University Mediterranean, Podgorica, Montenegro
Sanja GRBOVIĆ Faculty of Law, University Mediterranean, Podgorica, Montenegro

Abstract:

The basic constitutional freedoms and rights of a person and citizen are in principle unlimited: the full scope of their exercise is the rule, and the restriction determined by law can only be an exception based on explicit constitutional authority and the legitimate aim of the restriction determined by the Constitution. That being so, the restrictions - in addition to being based on constitutional authority and pursuing constitutional objectives - should be commensurate with the needs to achieve these objectives. This means that restrictive legal rules must be suitable for achieving the legitimate aim pursued, must not be stricter than necessary and must be balanced between the constitutionally guaranteed subjective right of the individual and the interests of society.

In this paper, the authors point out the economic and legal consequences of the violation of individual privacy and data protection rights caused by the public disclosure of personal data of people who, at a certain time, were obliged to self-isolate due to suspicion of Covid-19 virus infection.

© 2023 The Author(s). Published by RITHA Publishing. This article is distributed under the terms of the license CC-BY 4.0., which permits any further distribution in any medium, provided the original work is properly cited.

How to cite:

Damjanović, B., Ćupić, D. & Grbović, S. (2023). Individual Privacy and Data Protection Rights. The Legal and Economic Consequences of the Violation During the Covid-19 Pandemic. Journal of Research, Innovation and Technologies, Volume II, 2(4), 247-259. https://doi.org/10.57017/jorit.v2.2(4).09

Article’s history:

Received: 1st of November, 2023; Revised: 27th of November, 2023; Accepted for publication: 18th of December, 2023; Available online: 22nd of December, 2023. Published as article in Volume II, Issue 2(4).

References:

[1] Baltazarevic, V., and Baltazarevic R. (2017). Privacy Protection on the Internet – The European Model, Megatrend Review, Volume 1, in Serbian. https://scindeks.ceon.rs/Article.aspx?artid=1820-31591701241B

[2] Boyd, D. M. and Ellison, N.B. (2008). Social network sites: definition, history, and scholarship, Journal of Computer-Mediated Communication, 13(1), 210-230. https://doi.org/10.1111/j.1083-6101.2007.00393.x

[3] Kamleitner, B., and Mitchell, V. (2019). Your Data Is My Data: A Framework for Addressing Interdependent Privacy Infringements. Journal of Public Policy & Marketing, 38(4), 433-450. https://doi.org/10.1177/0743915619858924

[4] Kumar, R. D., and Kumar, A. (2021). Information privacy concern at individual, group, organization and societal level - A literature review, XIMB Journal of Management, 18(2). https://www.emerald.com/insight/ content/doi/10.1108/XJM-08-2020-0096/full/html

[5] Madera, A. (2021). The Implications of the COVID-19 Pandemic on Religious Exercise: Preliminary Remarks, Laws, 10(2), 44. https://doi.org/10.3390/laws10020044

[6] Malgieri, G. (2020). Data protection and research: A vital challenge in the era of COVID-19 pandemic, Computer Law & Security Review, 37, 105431. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7151303/

[7] Roagna, I. (2012). Protection of the right to respect for private and family life according to the European Convention on Human Rights, Council of Europe, Strasbourg. https://rm.coe.int/16806f1554

[8] Shen, T. and Wang, C. (2021). Big Data Technology Applications and the Right to Health in China during the COVID-19 Pandemic, International Journal of Environmental Research and Public Health, 18(14), 7325. https://doi.org/10.3390/ijerph18147325

[9] Tikk E. (2017). Privacy online: up, close and personal, Health and Technology, 7, 489–499. https://doi.org/10.1007/s12553-017-0197-z

[10] Vukčević, M., and Ćupić, D. (2013). Introduction to Human Rights, Podgorica.

[11] Vukoslavčević, B. (2012). Public policy in the function of recognition of foreign judgments, Proceedings of the principles and values of the legal system - norms and practice, East Sarajevo.

[12] *** Constitution of Montenegro, Official Gazette of Montenegro, no. 1/2007 and 38/2013 Amendments I-XVI.

[13] *** Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Official Gazette of the FRY - International Agreements, No. 1/92; Official Gazette of Serbia and Montenegro - International Agreements No. 11/05 and Official Gazette of Montenegro - International Agreements No. 6/09.

[14] *** Council of Europe Resolution 2338 (2020) of 13 October 2020 - The impact of the Covid 19 pandemic on human rights and the rule of law.

[15] *** Council of Europe Resolution 2337 (2020) of 13th of October, 2020 - Confronting democracies with the Covid-19 pandemic.

[16] *** Decision of the Constitutional Court of Montenegro, U-II no. 22/20, 23rd of July, 2020.

[17] *** Decision of the National Coordination Body for Infectious Diseases on publishing the names of persons in self-isolation, number 8-501- / 20-129, 21st of March, 2020.

[18] *** Dialogue between judges, Human rights protection in the time of the pandemic: new challenges and new perspectives, European Court of Human Rights, Council of Europe, 2022. https://www.echr.coe.int/ documents/d/echr/dialogue_2022_eng

[19] *** Law on Data Collections in the Field of Health, Official Gazette of Montenegro, No. 80/08 and 40/11

[20] *** Law on Health Care, Official Gazette of Montenegro, No. 3/16, 39/16, 2/17 and 44/18

[21] *** Law on Personal Data Protection, Official Gazette of Montenegro, No. 79/08, 70/09, 44/12 and 22/17

[22] *** Law on Protection and Rescue, Official Gazette of Montenegro, No. 13/07, 5/08, 32/11 and 54/1b

[23] *** Law on Protection of the Population from Infectious Diseases, Official Gazette of Montenegro, No. 12/18 and 64/20.

[24] *** Respecting democracy, rule of law and human rights in the framework of the COVID-19 sanitary crisis - A toolkit for member states, SG/Inf (2020)11.

Web sites

[25] http://www.gov.me/vijesti/223143/NKT-za-zarazne-bolesti-pocinje-objavljivanje-identiteta-lica-u-samoizolaciji-zastita-zdravlja-i-zivot-gradana-nas-najvisi-priori.html, accessed on 10 December 2021.

[26] https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020., accessed on November 2021.

[27] https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200402-sitrep-73-covid-19.pdf, accessed on 11 December 2021.

[28] https://www.crnagorakorona.com/home, accessed on 12 January 2022.

[29] https://www.gov.me/clanak/52-sjednica-vlade-crne-gore-23122021, accessed on 15 January 2022.

Index of cited cases of the European Court of Human Rights

[30] Amann v. Switzerland, judgment no. 27798/95, of 16 February, 2000.

[31] Breyer v. Germany, judgment no. 50001/12, of 30 January, 2020.

[32] Gardel v. France, judgment no. 16428/05, of 17 December, 2009.

[33] Koufaki and Adedy v. Greece, decision no. 57665/12, of 7 May, 2013.

[34] Lopes de Sousa Fernandes v. Portugal, judgment no. 56080/13, of 19 December, 2017.