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02. Legal Considerations

Elad Rodriguez edited this page Mar 28, 2020 · 2 revisions

This document is also available in spanish

We do not intend to publish this APP, since it has to be done at a national level by the higher authorities. Our intention is to make this code available to the relevant agencies in case it can be of assistance.

Should the Ministry of Health, or the regional health authorities decide to take on the dissemination of the app and the processing of its data, the use of the app would be in line with General Data Protection Regulation (GPDR).

The data collected must be managed in accordance with the law in regards to the security of data, storage time, and accurate information of user rights (particularly purpose and consent).

Likewise, although this app requests the user's consent, the GPDR contains exceptions to the need to obtain consent prior to processing data, in the event of an epidemic or for the protection of human health on the basis of general interest, which is the situation we're in. The main focus of this report is that health authorities are taking measures of protection of public health, as the only organisations entitled to carry out such measures.

According to the Spanish Data Protection Agency (AEPD) In order to comply with the decisions on the coronavirus pandemic taken by the competent authorities, in particular the health authorities, the data protection regulations should not be used to hinder or limit the effectiveness of the measures adopted by these authorities, in the fight against the pandemic. Data protection rules allow the adoption of measures that are necessary to safeguard the vital interests of individuals, the essential public interest in the field of health, the making of medical diagnoses, or the fulfilment of legal obligations in the field of employment, including the processing of health data without the explicit consent of the data subject. In any case, the processing of data must observe the principles established in the GPDR, in particular those of essential use, purpose and minimal storage time.

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