Mexico City, April 7th, 2020.
The protection of personal data has been one of the topics of analysis at the global level during the pandemic due to the expansion of SARS-CoV-2 that causes the disease COVID-19. As an example, it is enough to observe the measures taken by the governments of Germany and South Korea in excessive population monitoring, or the development of applications for the location of people before the isolation measures to prevent the spread of the virus.
In Mexico, the National Institute of Transparency, Access to Information and Protection of Personal Data, the INAI, launched the microsite: Personal Data Insurance COVID-19 last Sunday, March 29. You can consult the site at: https://micrositios.inai.org.mx/covid-19/
Within the site, the INAI addresses the right to the protection of personal data that in the mitigation of the pandemic will be processed by public or private institutions regarding the diagnosis, care and monitoring of the virus and its possible contact.
The microsite includes recommendations for the Public and Private sectors on the proper processing of personal data that they need to carry out in the various activities required for the attention of COVID-19 cases, and in this way fully comply with the regulations on the matter.
As it is a pandemic, we must observe the work of the guarantor bodies at the global level. As an example, are the guidelines for the use of data in the midst of the pandemic issued by the German Federal Commission for Data Protection and Freedom of Information; the same did the National Commission of Informatics and Freedoms, in France. There is also the report issued by the UK Transparency Committee Office on mobile data tracking in the context of the pandemic. The Spanish Data Protection Agency provides guidelines regarding data processing in relation to the obligations of those responsible, from private companies to the public administration, for information on workers with COVID- 19. This information can be consulted at: https://iapp.org/resources/article/dpa-guidance-on-covid-19/
The lawyers of personal data and information technology area at the firm are available for any questions or comments on the above.
SINCERELY,
Adolfo Athié
aathie@basham.com.mx
Renata Buerón
rbueron@basham.com.mx
Erika Rodríguez
erodriguez@basham.com.mx
