Uruguay: Regulatory and Personal Data Control Unit: “URCDP” issues opinion on the processing of health data in emergency situations”.
Opinion on the application of the rules on Personal Data Protection and their harmonisation with other rights, duties and guarantees, when dealing with health data in cases of national emergency.
By virtue of the exceptional situation, it is appropriate to give an opinion on the application of the rules on the protection of personal data and their harmonisation with other rights, duties and guarantees, when health data are processed.
The right to the protection of personal data is inherent in the human personality (…)
The rule of prior consent by the data subject has an exception for the purposes of communication when this is necessary for health or emergency reasons or for the performance of epidemiological studies, preserving the identity of the data subjects through appropriate dissociation mechanisms when relevant.
The processing of health data directly related to the emergency situation indicated in the previous numeral may be carried out without the prior informed consent of the data subjects.
Even in the case that the referred consent is not required due to the mentioned exceptionality, in the processing and communication of the data, the remaining principles regarding data protection must be observed, under the responsibility of the acting entity, especially those of truthfulness, purpose, data security and proactive responsibility.