Administrative Decision No. 431/2020 of the Head of Cabinet of Ministers. Transfer, assignment and exchange of personal data by entities of the public sector due to the pandemic by coronavirus (COVID-19).
Data Privacy & Data Protection Department Report | Administrative Decision No. 431/2020 of the Head of Cabinet of Ministers. Transfer, assignment, and exchange of personal data by entities of the public sector due to the pandemic by coronavirus (COVID-19).
Administrative Decision 431/2020 of the Head of the Cabinet of Ministers (the “Administrative Decision”) related to the transfer, assignment and exchange of personal data by the entities of the public sector on the occasion of the pandemic by coronavirus (COVID-19) was published today in the Official Gazette.
The Administrative Decision establishes that, due to the pandemic, the joint work of entities and jurisdictions at all levels of government becomes imperative to coordinate efforts in order to protect the well-being of the population and the collective right to public health.
Therefore, it establishes the duty of each of the entities that make up the National Public Sector (pursuant to article 8, subsections a), b) and c) of the Law on Financial Administration and Control Systems of the National Public Sector No. 24.156 and its amendments), to transfer, assign, or exchange among themselves and under the supervision of the “General Coordination Unit of the Comprehensive Plan for the Prevention of Public Health Events of International Importance” the data and information that, due to their powers, operate in their files, registers, or databases, with the sole purpose of carrying out useful actions for the protection of public health, during the validity of the health emergency due to the pandemic due to the coronavirus (COVID-19).
In particular, taking into account the incidence in the spread of the virus COVID-19 that the entry of people into the national territory, with the probability of being carriers of such virus, may have without the adoption of measures to guarantee that they comply with the isolation indicated by the health authority, the Administrative Decision understands that the information collected by the NATIONAL DIRECTION OF MIGRATIONS, while the health emergency lasts, becomes an essential input in order to adopt measures to protect the collective right to public health. Therefore, it sets forth that the NATIONAL DIRECTORATE OF MIGRATIONS must transfer or assign data or information to the competent jurisdictions in the provinces and the Autonomous City of Buenos Aires, mediating knowledge of the procedures used by the Coordination Unit mentioned in the preceding paragraph.
Finally, the Administrative Decision sets forth that the officials involved in the treatment of the data and information reached by it must observe at all times the existing provisions regarding the protection of personal and sensitive data as established by Law No. 25,326 and regarding the protection of fiscal secrecy as established in Law No. 11,683 and its amendments, not being able to be disclosed, transmitted, assigned or disseminated outside the organs referred to in the preceding paragraphs.
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Emilio Beccar Varela