The Government launched a pioneer telemedicine application developed with the collaboration of leaders in the software industry. Its aim is to decongest and facilitate access to medical attention for all persons who suspect they may have contracted the virus, while at the same time preventing possible contagion of health care workers.
The application –found at Google Play or the Apple Store as "coronavirus uy"—asks questions about symptoms compatible with COVID-19 infection, connecting the patient to his or her health care provider, which is automatically notified of the patient’s query and the result.
In parallel, it ranks the level of suspicion of a possible infection and feeds a unified database, for statistical purposes and for decision-making. It also incorporates a geolocation option for consenting users.
It was announced that next week a second version of the application will be available, permitting queries and telematic tracking of persons diagnosed as having COVID-19.
Confidentiality of information
Given the sensitivity involved, personal data protection rules afford special protection to health information. It must be provided voluntarily, with the person’s written consent, after having been informed as to its purpose, the recipients and the party responsible for the database, which aspects are contemplated in the application.
While compliance with the requirement for written consent could be debatable, considering the general interest and the health emergency situation this does not seem to be an impediment, particularly when use of the app is voluntary.
Moreover, recording of data in the electronic clinical history developed by AGESIC (Agency for E-Government and the Information and Knowledge Society) provides guarantees in terms of confidentiality and cybersecurity, while at the same time ensuring access to the information only by health care professionals under professional secrecy.
Geolocation and personal data protection
It was announced that for the moment the solution does not provide for geolocation for purposes of health cyber-vigilance, a solution that has been successfully adopted by other countries in the fight against the virus, such as South Korea.
Nevertheless, if the pandemic’s advance were to make it necessary, this alternative would have legal support. In effect, data protection rules themselves permit communication of health information when health emergency reasons so justify, preserving the identity of data owners when necessary.
In any event, in extraordinary situations like these, higher values like public health may prevail over privacy protection to the extent that certain precautions are put in place.