Dear Clients and Friends,
The current health emergency we are experiencing has brought new challenges in managing the protection of personal data regulated by the Federal Law on Protection of Personal Data Held by Private Persons (LFPDPPP) (per its initials in Spanish) and its Regulations, which must be observed by companies in their privacy and confidentiality policies.
In this sense, it is clear that the implementation of the Health Security Protocols and compliance with all those measures and actions determined to mitigate and prevent the spread of the COVID-19 virus, will imply collection of personal data and sensitive data, whose treatment must be carried out in accordance with the principles of personal data protection, including duties of security and confidentiality.
Accordingly, it is essential that companies make available to employees and other data holders the privacy notices including the purposes of collecting data related to health protection measures that result convenient in the context of the COVID-19, as well as establishing the physical, administrative and technical security measures in the treatment of personal data that guarantee the rights of data holders thereto.
Likewise, it is of vital importance the protection of medical information or indicative of symptoms of workers, visitors, customers and suppliers, obtained through sanitary filters, taking body temperature upon entering or exiting the workplace, physical review by medical service, medical questionnaires, classification of vulnerable groups, data of people infected or suspected of being infected with COVID-19 and other measures adopted by the companies, since the LFPDPPP and its Regulations consider health status as sensitive personal data, which are those affecting the most intimate sphere of its holder and where the breach could give rise to discriminatory acts or put at risk the holder.
EC Legal Rubio Villegas can provide, at your request, the necessary legal advice for the drafting or review and adjustment of privacy notices and the measures that guarantee their appropriate processing and confidentiality. Should you require our support, do not hesitate to contact our specialized lawyers.