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Covid-19, the very first true “stress test” of the Italian Constitution: Rocco Panetta’s article on Agenda Digitale

An analysis of the compression of fundamental rights and freedoms at the time of Coronavirus focusing on the relationship between health and data protection

The protection of the right to health, due to the increasing and still growing numbers of this epidemic, is equivalent to the protection of life itself, where all the other fundamental rights step right behind, according to the constitutional rules, in presence of certain conditions, like the reserve of law, the temporary and exceptional nature of the threat and the identification of a very narrow objective and subjective perimeter, in order to proceed with the compression of one or more rights and freedoms that have more benefits or advantages than another right“.

This is an abstract of the article our Managing Partner Rocco Panetta published on Agenda Digitale. In the middle of the Coronavirus outbreak, a reflection on the compression of fundamental rights and freedoms which we are experiencing and that has no precedent in Italian Republican history.

In this context, the relationship between the right to health and the right to data protection is of crucial importance.

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