Inkluderande beredskapsarbete med teknikbaserade hjälpmedel: En juridisk analys av behandling av personuppgifter i syfte att stärka beredskapen för personer med funktionsnedsättning

Abstract

The starting point of this thesis is the exclusion of people with disabilities from the Swedish emergency preparedness system, with a particular focus on individuals living independently without municipal support. As a potential solution to this problem, the thesis suggests the processing of sensitive personal data, such as health information and real-time location data, through the use of the hypothetical application RescYou. The aim of RescYou is to strengthen emergency preparedness by enabling effective planning of emergency responses by the public authorities. By providing information on the location of individuals who require additional assistance in emergency situations, emergency services can prioritize this group in crisis management. In addition, the knowledge of the specific needs of these individuals would allow emergency services to prepare and operate accordingly. Further on, the thesis examines the legal fields related to the processing of personal data, emergency preparedness and human rights. In the processing of sensitive personal data several legal conflicts arise, such as the right to personal integrity and right to life. Although this study takes place in the Swedish legal context, Sweden's membership in the EU and ratification of human rights conventions require consideration of both European and international law. Thus national, European and international law are analyzed. The primary method employed is the legal dogmatic method which is used to examine the legal conditions of the data protection legislation, human rights and the crisis preparedness regulation. To broaden the perspective and add a further understanding of the state’s obligations in the context of human rights law, Hohfeld's framework on rights is applied. The findings suggest that the function of RescYou may be necessary to fulfil the state's human rights obligations, particularly the right to life and health. However, a key challenge is the absence of sufficiently specific regulation that enables the processing of sensitive personal data for this purpose. While consent is a possible legal ground for processing personal data, its validity is questionable due to the power imbalance between the individual and the public authorities. Furthermore, through the application of Hohfeld’s human rights framework, the thesis illustrates the state's positive obligations in relation to the right to life and personal integrity. The conclusion is that, although RescYou could contribute to fulfill the state’s human rights obligations, a careful balance between emergency preparedness and personal integrity is necessary.