Peru: Processing of personal health data during the COVID-19 pandemic in the workplace and Impact of Intellectual Property in the Economy

Processing of personal health data during the COVID-19 pandemic in the workplace

The Peruvian National Authority for the Protection of Personal Data is exercised by The General Directorate for Transparency, Access to Public Information and Protection of Personal Data.

The National Authority for the Protection of Persona Data, which depends hierarchically on the Vice-Ministerial Office of Justice of the Ministry of Justice and Human Rights, has as main function to guarantee the fundamental right to personal data protection.

The Ministry of Health (hereinafter MINSA) through Ministerial Resolution No. 239-2020-MINSA, dated April 28, 2020, approved the technical document “Guidelines for the surveillance of the health of workers at risk of exposure to COVID-19 ” which aims to contribute to the prevention of contagion of this disease in the public and private workplace and includes instruments to collect sensitive data from workers in order to control the risk of contagion of coronavirus in the workplace.

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Impact of Intellectual Property in the Economy

Historically, societies understood the need to protect innovative ideas or developments that would facilitate daily tasks. It was not until the industrial revolution that a modern patent system was implemented, which consisted of making inventions exclusive, leading inventors to access monetary remuneration, depending on market success. The capacity to put individual inventions and creations up for sale created positive incentives for development of societies, inventors, and entrepreneurs who purchased those inventions.

Intellectual property assets such as patents, copyrights and related rights, trademarks and trade secrets place significant value on companies. Currently, a patent, once granted, will be commercialized, and have an impact on society and economy, showing whether a patent has been successful or not. For an entrepreneur, whose business is based on development and research, these intangible assets provide value to the organization.

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Contributing Advisors