Presentation by the director of the Privacitat Chair in which he discusses the alignment of the constitutional right to data protection with public health interests.

The director of the Microsoft-Universitat de València Chair in Privacy and Digital Transformation, lecturer Ricard Martínez M., took part in the international conference: Constitutional theory against digital transformation and new technologies took place on 20 and 21 December 2021. He took part in a virtual panel with the academics Argelia Queralt Jiménez, Mónica Arenas Ramiro and Ana Isabel Orts. during the event. 

In his presentation, the academic talked about incorporating the scientific paradigm into the work of jurists and the methodologies of application and interpretation of law. "The traditional tools of law are not enough," he explained, "a deep understanding of the material reality of digital transformation is needed”. 

He justified his claim on the case of Covid-19 pandemic. He noticed that in the early stages of the disease there was a concrete need: the development of policies or strategies related with cases monitoring, tracing and mobility. 
However, two practical problems arose. On one hand, it was impossible for a public employee to trace quickly enough for covering all cases of infection. On the other hand, the technology companies were the ones with the ability to do it automatically. For instance, telecommunication companies through the mobile phone of its users. 

“We had to decide how we were going to use technology in the context of public policy regarding the pandemic”, explained lecturer Martínez.

What finally happened was that there was not a regulatory predetermination nor an approach able to align the constitutional right to data protection with public health interests. “This”, he added, “despite the fact that these policies are based on guiding principles of economic and social policy related to health". In fact, in some cases, an infection can affect the right to physical integrity and the right to life. “We could not find a model with technological or simple use to prevent infections”, announced the academic.

The conference organised by the Área de Derecho Constitucional of the Universidad Miguel Hernández(Elche, España) and the Generalitat Valenciana.