Despre legalitatea unui act administrativ cu caracter normativ care impune obligaţia înregistrării unor date cu caracter personal: triajul observaţional al clienţilor unităţilor de cazare
About the Legality of a Normative Administrative Act That Imposes the Obligation to Register Personal Data: the Observational Triage of Hotel Guests

Summary/Abstract: In the current pandemic context, in addition to 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, a fundamental right enshrined in the Charter of Fundamental Rights of the European Union and the Treaty on the Functioning of the European Union A special category of personal data processed during this period is that of health data, more precisely data on persons who could be infected with the SARS CoV 2 virus. That is why in this brief study we will analyze the legality of a normative administrative act, the Order of the Minister of Health no. 1493 of 13 August 2020, which imposes the obligation to register personal data: the observational triage of hotel guests. The conclusion of this brief analysis is that the judicial control of Order no. 1493/2020 by the administrative court in an action for annulment is required, as well as the amendment of Law no. 55 of 5 May 2020 on some measures to prevent and combat the effects of the COVID 19 pandemic in order to supplement it with the provisions that will have been repealed.

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