Personenbezogene Gesundheitsdaten in einer Pandemie – ethische und rechtliche Aspekte

In the context of the COVID-19 pandemic, it has repeatedly been argued that the protection of (public) health should at any rate take precedence over data protection. This argument is bold and clear, but it is neither ethically nor legally correct. While the fight against a pandemic can indeed require a more comprehensive access to sensitive health data than usual, it must be ensured that such a measure is only taken to the extent absolutely necessary. Furthermore, the wider context in which the data will be used must also be taken into consideration. This article gives three examples—certificates for members of risk groups, tracking apps and immunity certificates—to discuss some of the ethical and legal considerations to be taken into account. The authors aspire to illustrate that even in a pandemic, the balancing of arguments and the need for a proportionality of measures taken must never be forgotten.