The EC requires member states to develop a toolbox of measures together with the European Data Protection Board.
Background: Governments around the world have sought the help of mobile operators in tackling the coronavirus pandemic. MNOs’ location data can be a useful tool to analyse people’s movement and identify areas where the risk is higher, and also help individuals know whether they have been close to people affected by the disease. Operators in some countries are already understood to be working with the respective governments (Austria, Belgium, Germany, Italy) and the EU Commissioner Thierry Breton held a conference call with the largest European operators on 23 March 2020. However the practice is giving rise to some privacy concerns around invasive monitoring and potential violation of data protection rules.
The EC recommends a common approach: On 8 April 2020, the European Commission issued a Recommendation to member states to facilitate a common approach for the use of mobile location data, both in the context of modelling and predicting the evolution of the virus, and on the use of apps for individuals to respect social distancing and keep track of their contacts. The Recommendation proposes a ‘joint toolbox’ consisting of specifications to ensure the effectiveness of mobile information, and measures to avoid proliferation of applications incompatible with one another. It also proposes governance mechanisms to be applied by public health authorities, mechanisms for exchange of information on the functioning of the applications, and sharing data with relevant epidemiological public bodies. With regard to predicting and modelling, the aim will be to analyse mobility patterns including the impact of confinement measures on the intensity of contacts, and hence the risks of contamination.
What next? The EC requires member states to develop a toolbox to reach a pan-European approach in association with the European Data Protection Board by 15 April 2020. Member states will have to report on the actions they have taken by 31 May 2020 for a peer review. The Commission will assess the progress made and publish periodic reports starting in June 2020 and throughout the pandemic, recommending action and/or the phasing out of measures that are no longer necessary.
