Post by rajiyakhatun406 on Feb 12, 2024 1:56:33 GMT -5
The Spanish Data Protection Agency (AEPD), aware of the proliferation of various public and technical initiatives in certain places of commerce or leisure that try to encourage a rapid reaction to symptoms or possible new outbreaks of COVID-19, has published a statement “ on the collection of personal data by establishments.” From the beginning, he points out, “that the data that is collected, although it is related to the control of the pandemic and its treatment is for the purpose of identifying possible infected people, is not data cataloged in the RGPD as “special categories.
In order to promote this type of techniques , "since it is a measure to contain the coronavirus, its necessity must be accredited by the health authorities and it must be mandatory, since if it were voluntary it would lose effectiveness." Likewise, "if the legal basis of consent were used, in Ecuador Email List order to appreciate free consent, it would be necessary that no negative consequences arise" that is, for example, "that entry to the establishment would not be prevented." Range of law and public interest As the state of alarm is no longer in force, “the obligation to collect data by establishments has to be established by a standard with the status of law .” In this case, the legal basis would be 6.1.c) RGPD , which warns that “the treatment will only be lawful if at least one of the following conditions is met: c) the treatment is necessary for compliance with a legal obligation applicable to the responsible for the treatment.
Properly monitoring the evolution of infections and the obligation to collect data and transfer it to the health authorities is based on the guarantee of a public interest in controlling the pandemic , so the legal basis would be, preferably, article 6.1.e) of the RGPD; that is, “the processing is necessary for the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the person responsible for the processing.
In order to promote this type of techniques , "since it is a measure to contain the coronavirus, its necessity must be accredited by the health authorities and it must be mandatory, since if it were voluntary it would lose effectiveness." Likewise, "if the legal basis of consent were used, in Ecuador Email List order to appreciate free consent, it would be necessary that no negative consequences arise" that is, for example, "that entry to the establishment would not be prevented." Range of law and public interest As the state of alarm is no longer in force, “the obligation to collect data by establishments has to be established by a standard with the status of law .” In this case, the legal basis would be 6.1.c) RGPD , which warns that “the treatment will only be lawful if at least one of the following conditions is met: c) the treatment is necessary for compliance with a legal obligation applicable to the responsible for the treatment.
Properly monitoring the evolution of infections and the obligation to collect data and transfer it to the health authorities is based on the guarantee of a public interest in controlling the pandemic , so the legal basis would be, preferably, article 6.1.e) of the RGPD; that is, “the processing is necessary for the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the person responsible for the processing.