The way forward
The measures outlined in this report represent the first wave of governmental efforts
to address the public health crisis caused by the COVID-19 pandemic. As the situation is
developing very quickly, further measures are likely to address both on-going and emerging
challenges. These will contine to have a significant bearing on many of fundamental rights.
The courts will have a crucial role to play in assessing the necessity and proportionality of
governmental measures.
In addition to the immediate medical challenges for containing the spread of the virus
and saving lives, some indications of the longer-term consequences of the outbreak on
fundamental rights already begin to emerge. The effective closure of many industries has
prompted the European Central Bank to anticipate a substantial reduction in economic
output,254 while the greater public debt associated with the economic support measures
being implemented across the EU will put further strain on public finances. This combination
places protection of economic and social rights, including those reflected in the Sustainable
Development Goals, at significant risk. Moreover, the possiblity for extended ‘state of
emergency’ periods to contain the spread of the virus suggests that some restrictions on
civil and political rights may be prolonged. FRA will continue collecting data and information
to assess both short-term implications and long-term consequences of measures on
fundamental rights.
Looking ahead, the availability and appropriate use of data will be decisive in curbing the
spread of COVID-19. The European Commission initiated talks with telecommunication
operators to assess how data from telecom providers could be transferred to competent
scientific authorities – while respecting data protection.255 While confirming the flexibility
of the data protection legal framework, the EDPS recalled the principles that must apply
to ensure efficient and legally compliant data processing.256 By the end of the reporting
period (20 March 2020), FRA noted that several Member States started to collect data
from telecom operators and to develop dedicated mobile phone applications to track,
collect and assess data from individuals’ mobile phones or use geolocation technologies.
At this stage, most initiatives are in development, and discussions continue concerning
the appropriate legal framework. It is too early to have a full picture of the fundamental
rights impact of these measures.
What is, however, already clear is that fundamental rights-compliant responses to the
outbreak and its consequences for different areas of life will be more effective in the
long term. Grounding actions in fundamental rights will help to ensure that they retain
public support and promote social cohesion. Ensuring this entails a role for the full range
of fundamental rights actors, from governments, to international, regional and national
monitoring mechanisms, national human rights bodies and civil society. In this and other
respects, lessons can be learned from previous crises,257 including the aftermath of the
2008 economic crisis or the HIV/AIDS epidemic.258
FRA will continue to collect evidence to support policymakers to devise rights-compliant
responses to the current pandemic. The agency acknowledges that at present the main
goal of all Member States is to ensure the life of people living in the EU. For its next report
on reponses to the COVID-19 outbreak, FRA will select a number of key areas to focus on
which raise particular fundamental rights challenges.
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