Contact Tracing Apps During Covid-19 Pandemic and Digital Human Rights in Portugal

This paper aimed to analyze legal implications of the implementation of contact tracing applications during the Covid-19 pandemic in Portugal. Specifically, the research considered digital human rights laws in force in the country, especially the Charter of Human Rights in the Digital Era, in force since July, 2021. The literature review was the main research method and focuses on internationally indexed academic papers and on news over the pandemic broadcasted in Europe. Also, the research adopted the content analysis technique to examine Portuguese laws, as well as guidelines of the European Union. As one of the greatest health challenges posed to international society in this era, controlling the spread of Covid-19 required a wide range of measures, among which the contact tracing mobile applications stood out. Some of the first Asian countries that faced the pandemic highlighted the pivotal role of such technologies in containing the transmission of the disease. However, effectiveness depends on widespread adherence, achievable with mandatory use. Alongside social-political critics related to the technological solutionism, this scenario invokes human rights concerns. Analyzing the Portuguese context, which is similar to many other Western countries, including Brazil, the article contributed to the academic debate on the use of contact tracing technologies not only during the Covid-19 pandemic, but also in future health emergencies faced by international society, namely outbreaks, epidemics and pandemics.