In paragraph 3, delete the words “and countless other health, lifestyle and wellness applications”.
In paragraph 3, replace the words “right to a private life” with the following words:
“right to respect for private life, protected under Article 8 of the European Convention on Human Rights (ETS No. 5), as well as specifically through the guarantees set out in Convention 108 and its amending Protocol (CETS No. 223), Convention 108+. Respecting the confidentiality of health data is a vital principle in the legal systems of all States Parties to the European Convention on Human Rights. In particular, in order to respect the right to private life in Article 8 of the Convention, domestic law must afford appropriate safeguards to prevent the inappropriate communication or disclosure of personal health data.”
At the beginning of paragraph 4, add the following words:
“In its Resolution 2338 (2020) the Assembly noted that “a lack of public trust in such apps due to privacy-related concerns, resulting in low levels of installation or use, would seriously undermine their effectiveness”. Hence,”.
In paragraph 4, before the words “the data protection standards” add the following words:
“the right to private life and with”.
In paragraph 5, after the 3rd sentence, add the following sentence:
“Data should not be retained unless necessary for a legitimate purpose, and should only be retained to the extent and for the duration necessary.”
In paragraph 5, after the 4th sentence, add the following sentence:
“Specific care must be taken in the design and application of these applications to ensure respect for the rights of the child, adequate safeguarding of children, and in particular the rights of children to privacy and to have their personal data protected.”
At the end of paragraph 8, add the following sentence:
“As with other, particularly digital, forms of data processing, it is important that consent is freely given, specific, informed and unambiguous – this includes ensuring adequate transparency in how data is being used.”
In paragraph 11, replace the last two sentences, with the following sentence:
“However, these standards must be applied in a way that allows for necessary data collection provided that the appropriate safeguards are present. The right balance between data protection standards and public health objectives must be struck not only to help fight the current pandemic but also to design future technology aimed at tackling future health crises.”
In paragraph 13.2 replace the words “and are adequate and proportionate to achieving the intended goal”, with the following words:
“, are adequate and proportionate to achieving the intended goal, and that such data is only retained to the extent and for the duration necessary for those objectives;”
At the end of paragraph 13.3, add the following words:
“and to ensure consent is freely given, specific, informed and unambiguous”