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. 43

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