Data Privacy & Data Protection Department Report | Normative alert: Administrative Decision No. 432/2020 of the Head of Cabinet of Ministers | Implementation of the use of the COVID 19- Ministry of Health application for anyone who has entered the country in the last 14 days and for those who do so in the future
Dear Sir or Madam,
Today, Administrative Decision 432/2020 of the Head of the Cabinet of Ministers (the “Administrative Decision”) related to the implementation of the use of the COVID 19-Ministry of Health application was published in the Official Gazette for anyone who had entered the country in the last 14 days and for those who do so in the future.
In its most relevant recitals, the Administrative Decision establishes:
• That Article 7 of Decree No. 260/2020 provided for compulsory isolation for fourteen (14) days as a preventive action for various groups of people, including those who arrived or had arrived in the country in the last fourteen (14) days.
• That it is necessary to grant the authority with competence in immigration matters tools that allow it to provide the collaboration required by the MINISTRY OF HEALTH in the identification, monitoring, and control of the cases referred to in Article 7 of Decree No. 260/20.
• That it is necessary in the described framework to make use of the technology available to the Argentine authorities in order to facilitate the care of the entire population.
• That the application called “COVID 19-Ministry of Health” is available in its version for mobile devices, and can be downloaded free of charge from the official Android and iOS application stores, or in its web version, available at https://argentina.gob.ar/coronavirus/app.aplicación (the “Application”).
• That the use of this Application by those travelers who have arrived in the country in the last fourteen (14) days or do so in the future, is an adequate and reasonable tool for the protection of the population as a whole.
• That, in this sense, it corresponds to empower the NATIONAL DIRECTORATE OF MIGRATIONS to require travelers that return to the country from abroad, the use of the aforementioned Application or, failing that, the website, understanding that this is convenient for taking care of their health in particular and of the population in general.
Therefore, the Administrative Decision resolves to:
• Implement for everyone who has entered the country in the last fourteen (14) days, and for those who do so in the future, the use of the Application.
• Establish that in the case of minors or people with different disabilities who cannot carry them out themselves, it will be the father, mother or person in charge who must complete the required data on their behalf.
• Empower the NATIONAL DIRECTORATE OF MIGRATIONS to require, prior to entering the country, travelers who return from abroad to adhere to this Application or, failing that, to the website, informing them of the Terms and Conditions of use of the same.
• Establish, in those cases in which the travelers adhere to the use of the Application upon entering the national territory but cannot complete it due to technical reasons, that the Application must be completed within twelve (12) hours from said admission.
• Invite those persons who have entered the country prior to the entry into force of this Administrative Decision and during the last fourteen (14) days, to download the Application in the shortest possible time and proceed to complete it in its entirety.
• Establish that in all cases in which travelers accept the use of the application, they must keep it installed and active for a minimum period of fourteen (14) calendar days from its activation.
• Establish that, with the prior authorization of the people who proceed to its use, the NATIONAL DIRECTORATE OF MIGRATIONS may collect the data that arise through the aforementioned Application, which must be treated in accordance with the provisions of Law No. 25,326 on the Protection of Personal Data.
This Administrative Decision becomes effective as of its publication in the OFFICIAL BULLETIN, that is, as of today.
It is not clear from the text of the Administrative Decision whether the use of the Application is mandatory or optional.
The Administrative Decision does not provide a sanction for cases of non-compliance, but, if considered mandatory, sanctions provided in other legal bodies could apply.
Should you require any further information on this matter, please do not hesitate to contact us.
Emilio Beccar Varela