Despre legalitatea prelucrării prin consultarea în cursul stării de alertă a unor date sensibile de către unităţile de alimentație publică de tipul restaurantelor și cafenelelor
About the legality of processing some sensitive data by consultation during the state of alert by catering establishments such as restaurants and cafes

Summary/Abstract: In the current pandemic context, in addition to the efforts to limit the spread of the new coronavirus, the protection of individuals with regard to the processing of personal data must not be neglected either. During the state of alert, in order to implement the measures provided by Law no. 55 of 15 May 2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, the Government adopts decisions. These measures may be instituted for the purpose of protecting the rights to life, to physical integrity and to the protection of health, including by restricting the exercise of other fundamental rights or freedoms. The Government Decisions issued in application of Law no. 55/2021 imposed on economic operators in the food sector an obligation to process, at least by consultation, data concerning health. However, this measure breached the constitutional and legal framework in which one could act in application of a text of law. By regulating an obligation to process sensitive personal data, thus directly restricting the exercise of the fundamental right to the protection of personal data, but also the right to privacy, regulated by the Constitution, such measure is illegal since this restriction can only be regulated by law, as a formal act of the Parliament.

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