Protection of personal data in the reactivation plan

Considering the reactivation of activities according to the plans towards the “new normality” presented by the authorities, companies should adopt new forms of work and establishment of extraordinary sanitary measures in the workplace which could include, among other measures, collecting information on the health condition of collaborators and even from third parties outside the organization.

Therefore, it is essential to consider the implications of such collection and the processing thereof, regardless of whether said personal data are collected under an emergency situation. Pursuant to the applicable law, processing is defined as obtaining, using, disclosing or storing personal data by any means while usage includes any access, management, exploitation, transfer or disposal of personal data.

Please note that the company will assume certain obligations towards the holders of the personal data and the National Institute for Transparency, Access to Information and Protection of Personal Data (“INAI”) will be the sanctioning body for non-compliance.

Considering the abovementioned, it is advisable to analyze the strategy that each company will adopt on this regard, being highly probable the need to update their privacy notices, personal data protection policies and, where appropriate, adopt the administrative, technical and physical security measures necessary to protect and avoid the illegal use, unauthorized disclosure or excessive and disproportionate use of personal data.

For any questions or comments that may arise regarding the processing of personal data in the implementation of the activities related to the reactivation plan, please contact us.

Yours sincerely,

Cannizzo