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Law
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Data privacy and protection Law Essay Research Paper

Essay Instructions:

Please, using EU GDPR and e-Privacy directive in a free format answer the following situation:
The CrownStop app is available to anyone over the age of 16 who lives in the Neverland and has four
central features which, among other things, allow users to:
 provide accurate information to individuals about the COVID-19 pandemic and ascertain the
level of risk of Covid-19 in their postcode area (information functionality);
 provide questionnaires for self-assessment and guidance to individuals (symptom checker
functionality);
 alert persons who have been in proximity for a certain duration to an infected person, in order
to provide information such as whether to self-quarantine and where to get tested (contact
tracing and warning functionality);
 provide a communication forum between patients and doctors in a situation of self-isolation
or where further diagnosis and treatment advice is provided (the use of telemedicine).
The app relies on users providing the first part of their postcodes to identify their place of residence.
It also records details of the user's phone as well as details of any devices which the phone has
interacted with through the use of Bluetooth technology. The app produces daily randomly generated
"codes" which are assigned to the user's device and where an individual user has tested positive for
CrownVirus-25, the NPHI will ask for that users' permission to share these codes with other users, who
will then be notified if they have been in close contact with the user. For the telemedicine
functionality, users are required to provide their phone numbers and email addresses if they wish to
get in touch with doctors or nurses. There is also an option for users to share their demographics data
(age, gender, location) if they wish to receive personalised offers from third party providers of
medicine and treatment. The app may be using this data for analytics and security reasons, too.
The national public health institute has recently contacted your consulting firm specialised in data protection, DPEx, requesting your advice on this scheme.
In particular, they would like to know the following:
a) which legal basis could be used to support its personal data processing activities,
b) if the proposed activities respect the GDPR principles, and if not, how to ensure they do,
c) if there is anything else significant that you would advise them to consider/do.
(When drafting, please reference appropriate legal provisions, including any relevant
case law)
Citing is not necessary as long as the references are present.
If it takes a little longer than an hour- it is totally fine, as long as it doesn't go over 1:30.

Essay Sample Content Preview:

Data Privacy and Protection
Your Name
Subject and Section
Professor’s Name
Understanding the relationship between societal circumstances and the laws is important for any legal professional. It allows him to be able to understand how to respond to the situation and prevent any legal controversies that might affect a company’s operability and profitability. In the case at hand, it could be seen that the legal issue lies in the applicability of the EU GDPR and the e-Privacy laws of the European Union to the functionalities of the application CrownStop. Specifically, this issue revolves around the idea of data gathering to mitigate the spread of the Covid19 pandemic within its area of application (Neverland). In order to analyze the legal basis for allowing CrownStop’s data gathering process the author of this paper would initially provide a brief background of the facts of the case. Subsequently, a recommendation of how the app can be compliant to the EU GDPR an e-Privacy laws would be provided in relation to the relevant laws and jurisprudence of the place. All in all, the author believes that although the data gathering and analysis conducted by the application is restricted under the laws, the necessity for national security and the sovereignty of the country renders it legal.
The Case
As stated earlier the case revolves around a tracking application named CrownStop. The application has multiple functionalities including (1) information provision, (2) symptom checking, (3) contact tracing and warning, and (4) telemedicine. In doing so, the app utilize a technology commonly used by search engines and other tech companies wherein it records certain amount of data based on the user’s preferences, location, and even searches, among others.
GDPR and e-Privacy Act
One of the first things to consider with regards to this case is the applicability of the two acts in the processes of the application. Since there is no record as to where the app is developed or run from, then it is possible that the application is provided by a third-party provider who is based from outside EU’s jurisdiction. Nevertheless, regardless of where the application is based on the fact NeverLand is under the jurisdiction of EU laws means that both of these laws are applicable within their country. In the case of Schrems v. Facebook (C-498/16) the European Court ruled that although Facebook is a controller that exists outside of Germany, the fact that it is present and advertising within the country establishes its need to comply with the German data protection...
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