The National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) instructed the Health Secretary to assume its competence and rectify the personal data of various appellants who made requests in this regard, and provide them with their certificates of vaccination anticovid corrected.
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“The Ministry of Health enabled a digital platform so that people who have been vaccinated (against covid-19) in the national territory, can obtain a vaccination certificate, so it is extremely important that it contains accurate and up-to-date data on each of its headlines, ”said INAI commissioner Adrián Alcalá Méndez, before the plenary session of the national guarantor body.
“Otherwise, at any time the person in charge can be requested to rectify their personal data, for which, obviously, they must specify the modifications that are requested to the personal data, as well as provide the documents that support that request”, added.
He stated that such requests are supported by articles 43 and 45 of the General Law on Protection of Personal Data Held by Obliged Subjects, and added that having a certificate of vaccination against covid-19 is relevant in the lives of people who require such a document to carry out procedures or even travel abroad.
In the cases discussed, three individuals, separately, requested the Health Secretary the correction of your data, one for the brand of the vaccine against covid that they applied; another for the correction of the email you provided and the last one for the correction of your last name that was misspelled.
The Ministry of Health responded to all complainants that it was incompetent to attend to their requests, and directed them to submit their requests to the Welfare Secretariat and the Mexican Social Security Institute.
The applicants were dissatisfied with the response of the Ministry of Health and went to the INAI to present their respective appeals for review before the incompetence manifested by the obliged subject, who in the substantiation of the appeals reiterated his incompetence and pointed out that he was not responsible for the processing of personal data, since he does not protect, modify, supervise, evaluates or manages the information generated by the institutional and statistical systems related to vaccination actions.
When analyzing the case, the presentation by Commissioner Adrián Alcalá determined that the Ministry of Health is the competent body to carry out the processing of personal data that are used to generate vaccination certificates and that are stored on the mivacuna.salud platform .gob.mx, as is clear from the Comprehensive Privacy Notice for the application of the vaccine against the virus SARS-CoV-2, available at the time of registration by interested persons.
In this way, unanimously, the Plenary of the INAI revoked the answers given by the Ministry of Health for the correction of people’s data vaccinated against covid-19 and instructed him to assume his competence to correct the requested personal data.
You must also conduct a search in your administrative units that are competent and provide vaccination certificates with the rectified data to the recurring persons.
With information from INAI
JLR
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