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EU digital COVID certificate regulation: A retrospective analysis on proportionality and data protection
F. S. Doğan de Hert,Paul
F. S. Doğan
de Hert,Paul
Abstract
Several scientific studies documented the controversial effects of the usage of immunity certificates. In these studies there was no additional assessment regarding the proportionality principle. More generally, we missed a proportionality discussion in many discussions about COVID measures. In the course of this study, we have been able to find only one proportionality assessment conducted by a court relating to the EU Digital COVID Certificate Regulation. This is a peculiarity considering the numerous fundamental rights which were affected by the implementation of the Regulation. Moreover, Member States brought additional restrictions to the standards of the Regulation and used the data from certifi cates for other purposes. The extensive implications which were carried by the Member States showed that the effects of the Regulation reached further than expected. Unforeseen consequences, as mentioned throughout this chapter, amplify the requirement for systematic proportionality testing by regulators, also in times of crisis.
Description
Date
2024-10-03
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Publisher
Hart Publishing
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Keywords
SDG 3 - Good Health and Well-being
Citation
F. S. Doğan, & de Hert, P 2024, EU digital COVID certificate regulation : A retrospective analysis on proportionality and data protection. in J Czarnocki & P Palka (eds), Proportionality in EU digital law : Balancing conflicting rights and interests. Hart Publishing, pp. 257-266. https://doi.org/10.5040/9781509974542.ch-012