The precautionary principle and preventive obligations at work for the «new normality»: digital traceability and shielding of the risk of infections by COVID-19 (impossible missions?)

Analysis of Royal Decree-Law 21/2020, of June 9, on urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19

Abstract

Royal Decree-Law 21/2020, of June 9, on urgent measures of prevention, containment and coordination to deal with the health crisis caused by COVID-19 is not the latest manifestation of the abundant social legislation on health emergency in Spain (after three additional emergency laws have been enacted, and those to come). But that Royal Decree-Law, the object of our analysis, does constitute the main «road map» to guide the transit of people and companies towards this new, uncertain situation, which they call «new normality». Today, which knows numerous outbreaks of COVID-19 in workplaces, then transferred to the rest of the population, and vice versa, shows that a key to success in returning to work will be the degree of care that is taken in taking all measures preventive measures to avoid the spread of COVID-19, either by the health authorities, or by companies or by workers. Precisely, the first judicial decisions in this area are exacerbating the demands for safety and health at work, identifying a standard of protection that goes beyond the traditional principle of prevention to identify with the precautionary principle, which is more modern and committed. At the same time, the development of digital technology increases the level of security that is technologically possible, but it comes at a high price in terms of reducing privacy. Therefore, it is urgent to achieve the proper balance.