Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Nov 2022)

The Conflict between Citizens' Right to Privacy and the State's Right to Digitally Tracking People Infected or Suspected of Transmitting the Covid-19 Virus

  • Sattar Azizi,
  • Zahra Ghadbeygi

DOI
https://doi.org/10.22054/qjpl.2021.52794.2417
Journal volume & issue
Vol. 24, no. 76
pp. 9 – 42

Abstract

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The proliferation of Coronavirus around the world and the need to maintain the health of individuals in society have forced many governments to impose restrictions on citizens' rights by imposing social distances, quarantine and closure of educational, economic and sports centers. One important action of governments in combating the spread of coronavirus is the digital tracking of people infected by coronavirus in some countries. This article seeks to answer the following questions. First of all, due to application of this policy in which aspect or aspects of protection of privacy can the states intervene? Second, given that the imposition of restrictions must be done where necessary, the question arises as to whether the restrictions imposed as a result of the digital tracking of people infected or suspected of having the corona virus and its transmission to other members of the community were commensurate with the need to maintain the health of members of the community. An examination of the various measures taken in countries around the world shows that the restrictions imposed on privacy can be justified by simultaneously respecting the health of the citizens of the community as well as the provisions of international human rights law.

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