Proteção de dados versus saúde pública durante a pandemia de Covid-19 no Brasil

Abstract

The Covid-19 virus pandemic brought several challenges to ensure the Right to Public Health, creating new problems as well to guarantee the Right Data Protection. This study aims to analyze how the treatment of health data occurs in the context of the Covid-19 pandemic in Brazil and whether the Fundamental Right to data protection is being implemented in this context, through an analysis of the most used tools during this period and the measures already taken by the government used to minimize problems in data protection, seeking techniques that helps to reduce the contagion of Coronavirus and still guarantee data protection. It will be used as a hypothetical-deductive method, carrying out an analysis of different bibliographic sources such as: books, scientific articles, legislation and jurisprudence in order to conclude whether the right to data protection was implemented in the context of the covid-19 pandemic in Brazil. It was observed that most of the rules that regulate the right to data protection were complied with, although there were still instances that the right was not followed, specifically cases that occurred a conflict between the right to data protection, with a conflict of the right of health. Finally, it appears that measures could be adopted such as the development of specific rules on the treatment of health data and greater inspection of compliance with current rules by the Brazil national data authority.