The Principle of Proportionality in Using Smart City Cloud Computing For Patients Privacy Rights Protection in Handling the Covid-19 Pandemic

Abstract

Since the Indonesian government announced the first positive Covid-19 case on March 2, 2020,
various anticipatory steps have been taken to minimize the spread. One of these steps includes using smart
city applications in several areas such as Jakarta, which provides informationon location data tracking,
hazard zoning, enables people to report suspected Covid-19 cases online, and adequate information on the
density of people in certain vital places. However, the openness of data and the inability to protect patients'
privacy rights are some of the problems associated with the use of smart city applications. Therefore, this
study aims to determine the application of the proportionality principle in using smart city cloud computing
to protect the privacy rights of Covid-19 patients during the pandemic. Furthermore, this research uses the
descriptive empirical law. The results showed that applying the proportionality principle in using smart city
cloud computing to protect positive Covid-19 patients' privacy rights is still not properly integrated in terms
of regulation and implementation. This isdue to people's intension to obtain information on positive patients
to prevent massive Covid-19 transmission, irrespective of the privacy protection rights. Therefore, there
needs to be an interpretation of patient medical records' confidentiality to determinethe data that needs to be
disclosed and protected