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The Argentinian Data Protection Authority has issued a reminder of the legal and regulatory principles that apply when processing information about Coronavirus.

For instance:

  • Health data is sensitive data and requires stricter protection.
  • Disclosure of the name of a patient suffering from Coronavirus requires consent.
  • Using patient information for purposes incompatible with its medical treatment requires free and informed consent.
  • Healthcare establishments and professionals can process and transfer patient data to each other, provided they comply with professional secrecy.
  • Professional secrecy will persist even after the end of the relationship with the patient.
  • The National Health Ministry and the provincial ministries are empowered to request, collect, transfer among themselves or to process in any manner health data without the consent of the patients, in accordance with the explicit and implicit powers conferred on them by law.

In their relations with employees, providers and clients, companies must take into account these principles in order not to breach the current regulation.

Author

Guillermo Cervio is a partner in Baker & McKenzie´s Buenos Aires office. With more than 25 years of experience, he has been consistently recognized as a foremost practitioner in his field. He served as the coordinator of the Information Technology & Communications Group during from 2008 to 2016. Guillermo has authored books and articles on legal matters. He has been awarded for his book “Derecho de las Telecomunicaciones” by the National Academy of Law (Mención de honor, 1998) and Austral University (Premio tesina,1997) and for his paper filed in the IX National Congress on Corporate Law (Tucumán, 2004).He has been a professor in universities including the University of Buenos Aires, Austral University, Palermo University, Catholic University and CEMA. Guillermo has been awarded with Folsom fellowship granted by Center for American and International Law, Dallas, US in 2003.