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Home / Agency for Access to Public Information / Treatment of personal data in the face of Coronavirus

Processing of personal data before the
Coronavirus
The Agency informs how the data of those people who are affected by the
Coronavirus

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Posted on Wednesday, March 11, 2020

The Access to Public Information Agency communicates that the processing of information referring to the
Health is an activity that must be carried out with special care, respecting the privacy of
people, in accordance with Law 25,326 on the Protection of Personal Data.
In this sense, the Agency highlights some of the fundamental principles of the current regulation, in
in particular referring to personal health data:
Health data is a category of sensitive data and consequently deserves protection
more rigorous (arts. 2 and 7 - Law 25,326).
Disclosure of the name of a patient suffering from coronavirus requires your
consent (art. 5 - Law 25,326).
Healthcare facilities and healthcare professionals can process and transfer to each other
patient data, as long as they comply with professional secrecy (art. 8 - Law 25,326).
The obligation of professional secrecy will continue even after the relationship with the patient has ended.
(art. 10 - Law 25,326).
To use patient information for purposes incompatible with your medical treatment, you must
require their full, free and informed consent (art. 4, inc. 3 and art. 5 - Law 25,326).
The Ministry of Health of the Nation and the provincial ministries are empowered to
require, collect, assign to each other or otherwise process health information without
consent of the patients, in accordance with the explicit and implicit competences that they have
been conferred by law (art. 5, section 2 b and art. 11, section 3 b - Law 25,326).
Anyone who considers that their privacy or personal data is being affected can
make a complaint to the Agency.
Likewise, public and private institutions can consult on the scope of the Law.
25,326 before the Agency.

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