You are currently viewing Data Protection opens sanctioning procedures against Health and Economy by the Covid Radar App

The opening of the sanctioning procedures occurs 9 months after the organization Reclamadatos presented the first letter of complaint. In the event that Data Protection fails in favor of the plaintiffs, the ministries will receive a warning, but not a fine or economic sanction

The Radar Covid application, launched by the Government.

The Spanish Data Protection Agency (AEPD) has opened a sanctioning procedure against the Ministry of Health and another against the Ministry of Economy due to a possible violation of the General Data Protection Regulation (RGPD) in the coronavirus tracking application, Radar Covid.

Radar Covid is the application promoted by the Government last summer for tracking the Coronavirus contacts, as did other governments of EU countries. For it, the Executive invested 3.2 million euros in this application, of which 1.5 million went to marketing and advertising items to publicize this app that is estimated to have been installed by slightly less than 15% of users of mobile applications in our country.

The opening of sanctioning procedures by the AEPD responds to the claims of the NGO Rights International Spain and that of the executive director of the Reclamadatos organization, Pau Enseat.

“There are rational indications of a possible violation of data protection regulations“, maintains the AEPD in a letter sent to the plaintiffs.

The opening of these sanctioning procedures by the AEPD It occurs nine months after the first complaint (that of Claimants, dated September 2020) be introduced before the Spanish Data Protection Agency.

Despite the fact that the writings of both organizations have led to the opening of a sanctioning procedure, the AEPD, which is a government agency whose director is appointed by the Government at the proposal of the Minister of Justice, does not grant the applicant organizations the status of interested parties. In practice, this assumes that reporting organizations they will only know the result of the sanctioning procedures but not their development.

Likewise, the AEPD has informed the plaintiffs in writing that the sanctioning procedure may be delayed until nine months.

However, in the event that Data Protection of the reason to the plaintiffs, to ministries will simply receive a warning by the agency (as well as the indications of the measures that must be adopted to correct the infraction that they could have committed) but in no case will it be a fine or financial sanction, as established in point 2 of article 77 of the Organic Law for the Protection of Personal Data and guarantee of digital rights.

The accin of Rights International Spain

Demand for Rights International Spain, an NGO formed by jurists that fights for the promotion of civil rights and liberties, points to the existence of “irregularities regarding the publication of the application code “.

This is because the Government made the code available to the citizen incompletely and three months after the RadarCovid application was available for download from the official Android and iOS application stores.

The action of Reclamadatos

However, the pioneering organization in requesting the opening of an investigation by the AEPD was Claimed in September 2020.

Reclamadatos is a Spanish online platform that offers citizens the possibility of discovering which organizations have their personal data to regain control of them.

In their letter of complaint against the Secretary of General for Digital Administration (dependent on the Ministry of Economy) and in charge of the implementation of the Radar COVID App in Spain, they requested that it be investigated if the app complies with the GDPR and the guidelines of the European Data Protection Agency.

A lawsuit in which they pointed out that they compared the legal and legal aspects of Radar Covid, with analogous applications launched by other European governments.

“Compared to the applications of Italy and Germany, Radar COVID does not specify in a sufficiently clear way in the Privacy Policy the different purposes of the treatment and the respective legitimizing bases, nor the periods of conservation of the data for purposes of scientific or historical research or statistical purposes, as determined by the Committee European Data Protection Officer, “stated Claimants.

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