Disposition 1771/2020 of the National Migration Office: regulation of the use of the COVID 19-Ministry of Health application for all persons who had entered the country and for those who do so in the future.
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Data Privacy & Data Protection Department Report | Disposition 1771/2020 of the National Migration Office: regulation of the use of the COVID 19-Ministry of Health application for all persons who had entered the country and for those who do so in the future.
Yesterday, Disposition No. 1771/2020 of the National Migration Office (the “Disposition”) was published in the Official Gazette, which regulates Administrative Decision No. 432/2020 of the Head of Cabinet of Ministers published in the Official Gazette on March 24 and which we reported here on the same date.
The Disposition establishes that any person who has entered the country as of yesterday -date of the issuance of the Disposition- must, for a minimum period of 14 days from their entry, adhere to and use the application called “COVID 19-Ministry of Health” which 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, accessible through https://argentina.gob.ar/coronavirus/app (the “Application”). The Disposition does not refer to those persons who had entered the country prior to the issuance of the Provision, our interpretation being that the download and use of the Application will be optional for them.
Likewise, the Disposition clarifies that for those cases in which minors or people with different disabilities cannot fulfill the obligation mentioned by themselves, it will be the father, mother or person in charge who must complete the required data in the Application on their behalf. People who at the time of entering the country cannot download the Application due to technical problems, will have a period of 12 from said entry to do so.
Finally, in accordance with the Terms and Conditions of the Application, the Head of Cabinet of Ministers may collect, among other personal data, the geolocation of people who download and use it. This seems to indicate that it is mandatory to allow the Application access to geolocation, although this is not entirely clear.
Please, do not hesitate to contact us should you require any additional information on this matter.
Emilio Beccar Varela
Florencia Rosati