Data protection and geolocation

Data protection and geolocation come together again on the occasion of COVID-19 and this union aims to combat the pandemic in Spain.

The controversy lies in how it will affect our rights, the knowledge by third parties of our current location and the registration of this during time. third parties of our current location and the recording of this location over time will affect our rights.

We therefore analyze the implications that geolocation has on the protection of personal data. personal data protection.

Introduction

Previously, we identified geolocation as the recording of when (date and time) and where (geographic location) a person has been.

These records are made by the telecommunications operators with whom we have contracted our mobile telephone services and offered to public agencies for the purpose of combating COVID-19.

New application DataCOVID

Order SND/297/2020 of March 27 approved the creation of a technological application for self-assessment based on the medical symptoms reported by the user.

The DataCOVID application aims to analyze the mobility of citizens by identifying the flow of movements between territories or to identify the areas with the highest concentration and contribute to better decision making in the management of the pandemic.

DataCOVID has a first pilot in the Valencian Community and will allow an estimation of mobility.

This application shows the probability of being infected, information and advice to follow, without replacing a medical diagnosis or treatment.

And to comply with data protection regulations, i.e. the European Regulation and the Spanish Organic Law (RGPD and LOPD-GDD), according to information from the Presidency of the Government it is confirmed that individual movements will not be tracked, but will use anonymous data, eliminating any personal information.

It is important to note that the data provided by the operators Telefónica, Vodafone and Orange will be used by the health authorities and not by the police to prosecute the commission of crimes.

Spanish Agency for Data Protection – AEPD

The AEPD has been a very important point of reference in the development of this App, being of special relevance the following:

Only the Ministry of Health and the Health Departments of the Autonomous Communities will be able to process and transfer personal data to each other, so that they can be used by health care professionals in the control of the pandemic.
Private entities collaborating with these authorities may only use the data in accordance with the instructions of the authorities and, in no case, for purposes other than those authorized.
The only data authorized for geolocation is the cell phone number, unless the Ministry of Health considers that it is essential to provide other data for the purpose of monitoring the disease.
Mandatory compliance with the duty to inform App users about the data to be collected, the purpose, the data controller, among others, in a simple and accessible manner, with a clear and understandable language to the general public.

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Business Adapter Legal Department