Personal data in the social security institute: exploratory analysis on some personal data protection practices in the social security system of the paraguayan state
| Autor | Eduardo Carrillo, Maricarmen Sequera |
| Cargo | Carrillo in an international affairs graduate interested in the intersection of digital rights and TLGBQI communities. He has conducted research on city security with technology and personal data protection in the public and private sectors. He previously worked on the 'Who Do We Choose' project and the International Organization for Migration.... |
| Páginas | 14-37 |
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Personal Data in the Social Security Institute: Exploratory Analysis on... (p. 14-37)
CARRILLO, E; SEQUERA, M.
Personal Data in the Socia l Security Institute: E xploratory Analy sis on Some
Personal Data P rotection Pract ices in the S ocial Security System of th e Paraguayan State
.
The Law, St ate and
Telecommunic ations Review
, Brasilia, v. 12, no. 2, p. 14-37, October 2020.
PERSONAL DATA IN THE SOCIAL SECURITY
INSTITUTE: EXPLORATORY ANALYSIS ON SOME
PERSONAL DATA PROTECTION PRACTICES IN THE
SOCIAL SECURITY SYSTEM OF THE PARAGUAYAN
STATE
Submitted
: 05/12/201 9
Eduardo Carrillo*
Maricarmen Sequera**
DOI: https://doi.org/10.26512/lstr.v12i2.34689
Revised
: 15/01/2020
Accepted
: 08/03/202 0
Article submitted to peer blind rev iew
Licensed under a Creative Common s Attribution 4.0 International
Abstract
Purpose –
The research aims to ob serve and describe the legal framework and
implementatio n practices of personal database s management in the Social Security Institu te
(IPS), the mo st important public social in surance system in Parag uay.
Methodology –
The research is explora tory, consisting on both substa ntive and procedural
law analysis of health information storage regulations an d its compliance. A lso, interview
to private companies , the pu blic sector and one qualified worker insured by IPS are
conducted to better un derstand collection, storage and maintenance of health record s
databases.
Findings –
Re search indicates evidence that biometric data s torage of insurers does not
have adequa te regulation for its protection. It a lso shows evidence that private compa nies
don’t deliver by default me dical records to wor kers, as well as potential acce ss to th ese
records by administrative per sonal. Evidence also signals that clinics performing medical
examinations reque st more sensitive information than required by law. Research limitations
It is identifie d that a broader pri vate company sample could be of use to be tter understand
workers health record collection. Also, third party auditing IPS IT syste ms could be of use
to further unde rstand information mana gement practices and vulne rabilities.
*
Carrillo in an international affair s graduate interest ed in the inter section of digital rights
and T LGBQI commu nities. He has conducted research on city security with technology
and personal data pro tection in the public and private sectors. He previously worked on the
"Who Do We Cho ose" project and the In ternational Organi zation for M igration. E -mail:
educarrillo90@gmail.com.
**
Sequera is the co -founder of TEDIC. She wor ks in the area of public policies an d directs
digital rights projects in the organization. Re searcher in Human Rights and Tech nology.
Lawyer of the Na tional Unive rsity of Asunción. She has several publications on
Cybersecurity , Privacy, Freedom o f Expression and Ge nder on the Internet. E-mail:
maricarmen@tedic.org.
Personal Data in the Social Security Institute: Exploratory Analysis on Some... (p. 14-37) 15
CARRILLO, E; SEQUERA, M.
Personal Data in the Socia l Security Institute: E xploratory Analy sis on Some
Personal Data P rotection Pract ices in the S ocial Security System of th e Paraguayan State
.
The Law, St ate and
Telecommunic ations Review
, Brasilia, v. 12, no. 2, p. 14-37, October 2020.
Practical Implications –
A series of dis cretional practices are identified, signaling
regulatory standardization urgency f or all actors. A co mprehensive Protection of Personal
Data Act is ne eded.
Originality –
No compreh ensive research targeting th e IPS system and its health personal
data manageme nt processes is identified. Th e research is considered an ini tial contribution
to the state of the art on the subject and specially to biometric coll ection and storage.
Keywords
: Pri vacy. Persona l Data. Sensitive Data. Biome trics and Health Da ta. Social
Security.
INTRODUCTION
There is a historical need to reform and update the current legislation on
the protection of personal data in Paraguay1. There is currently a gap between the
progress of the information society, with the management of personal data by
authorities and institutions, both in the public and private sectors.
In regard to the health field in its broad sense, there are still several fronts
that need to be explored from a personal data protection approach and linked to
the ethical limits d emarcated by the legal regulations, th e practice or exercise of
medical secrecy, as well as international standards.
The present research arose from the complaint of an anonymous worker
who came to the TEDIC organization to inform about contrary and invasive
practices to the privacy of the wor kers, within the framework of the application
of the admission and annual medical examination that workers in Paraguay must
take. According to his testimony:
“They left the form on the de sk of ea ch staff member, and each one filled
in and then by group they went to a priv ate laboratory so th ey could take the
samples. […] The company that asked for the medical examinations was the
one that distributed t he forms. It was a well-known c linical laboratory.”
Specifically, this form included a series of highly invasive questions. It
should be remembered that occupational medical examinations only seek to
determine the fitness of a worker with respect to the assignment he or she already
performs or will perform.
In the case of working women, there was a specific section with
gynecological questions and included very specific questions. These questions
1
Nowadays, Act no. 1628/01 is currently in force in the country and it regulates private
information together with its amendment, Ac t N °1969/02. More Info rmation in:
https://bit.ly/3mobQmT.
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