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7 J.L. & Biosciences 1 (2020)

handle is hein.journals/jlbsc7 and id is 1 raw text is: Journal of Law and the Biosciences, 1-5 doi:10.1093/jlb/saa008 Advance Access Publication 22 April 2020 Peer Commentary Reporting, recording, and communication of COVID-19 cases in workplace: data protection as a moving target Mahsa Shabanil,*,t, Tom Goffin2 and Heidi Mertes3 1Metamedica, Faculty of Law and Criminology, Ghent University, Ghent 9000-B, Belgium 2Metamedica, Department of Public Health and Primary Care, Ghent University, Ghent 9000, Belgium 3Metamedica, Faculty of Arts and Philosophy, Ghent University, Ghent 9000-B, Belgium *Corresponding author. E-mail: mahsa.shabani@ugent.be ABSTRACT In response to concerns related to privacy in the context of coronavirus disease 2019 (COVID-19), recently European and national Data Protection Authorities (DPAs) issued guidelines and recommendations addressing a variety of issues related to the processing of personal data for preventive purposes. One of the recurring questions in these guidelines is related to the rights and responsibilities of employers and employees in reporting, record- ing, and communicating COVID-19 cases in workplace. National DPAs in some cases adopted different approaches regarding duties in reporting and communicating the COVID-19 cases; however, they unanimously stressed the importance of adopting privacy-preserving approaches to avoid raising concerns about surveillance and stigmatization. We stress that in view of the increasing use of new data collection and sharing tools such as 'tracing and warning' apps, the associated privacy-related risks should be evaluated on an ongoing manner. In addition, the intricacies of different settings where t Mahsa Shabani (LL.M, PhD) is Assistant Professor in Health Privacy Law at Ghent University. Tom Goffin (PhD) is Assistant Professor in Health Law at Ghent University. Heidi Mertes (PhD) is Assistant Professor in Medical Ethics at Ghent University. All co-authors are a member ofMetamedica platform at Ghent University which is an interfaculty platform on Law, Ethics and Policy of Innovation in Healthcare. © The Author(s) 2020. Published by Oxford University Press on behalfofDuke University School ofLaw, Harvard Law School, Oxford University Press, and Stanford Law School. This is an Open Access article distributed under the terms of the Creative Commons Attribution NonCommercial-NoDerivs licence (http://creativecommons. org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact journals.permissions(oup.com

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