There are two methods to test for COVID-19: the antigen test and the antibody test. Recommended by the World Health Organization (WHO), many countries use the antigen test due to its affordability and rapid diagnostic ability.[1] The DNA data of participants are collected using nasal or throat swabs. The other test checks antibody levels in the blood to see if the patient has contracted the virus.[2] Data collected from patients includes:

1. DNA data from the blood sample in an antibody test, or from the nose/throat sample in an antigen test.[3]
2. Personal information such as identity documents and contact details.

3. Test results: In cases of positive diagnosis, doctor and laboratories are required to immediately report and share the patient’s results and information with health authorities to arrange for treatment and quarantine.[4] Personal information, such as their residential address, is used to track with whom the patient may have come into contact.

The collection and processing of personal information and health data raises concerns over whether the data might be re-used for vaccine development without patients’ consent. The following section looks at whether health information should be regarded as personal data, as well as the legitimacy of using genetic data in health research under the GDPR.

[1] WHO, ‘Global partnership to make available 120 million affordable, quality COVID-19 rapid tests for low-and middle-income countries’, [2020] < https://www.who.int/news/item/28-09-2020-global-partnership-to-make-available-120-million-affordable-quality-covid-19-rapid-tests-for-low–and-middle-income-countries>.

[2] Anna MacDonald, ‘Antibody vs Antigen Testing for COVID-19’, [2020] Diagnostics from TECHNOLOGY NETWORKS <https://www.technologynetworks.com/diagnostics/articles/antibody-vs-antigen-testing-for-covid-19-336486>

[3] Fred Hutch, ‘Demystifying Coronavirus Tests – Testing for Inflection: PCR Nasal Swab Test’, [2020] < https://www.fredhutch.org/en/research/diseases/coronavirus/serology-testing.html>.

[4] Zusammen gegen Corona “Information on testing” at < https://www.zusammengegencorona.de/en/inform/information-on-testing/#faqitem=e3ca285d-b5b0-5032-a39f-b924b8600321> [accessed 2 November 2020].