49 thousand Minsal emails against time: court rejects request from Minister Paris for 42 days



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The Seventh Guarantee Court of Santiago rejected the 42-day extension requested by the Minister of Health, Enrique Paris, to make the Minsal emails available to the Public Ministry that, according to the resolution of October 16, gave him three days to comply with said order.

The case is part of the investigation into the handling of data from the coronavirus figures during the pandemic, after the decision of the Supreme Court that forced the Ministry of Health to deliver the requested information.

According to the resolution, the court estimates that it is not necessary to review the 49 thousand emails that the portfolio holder argues should be analyzed to comply with the court order, but only those that have to do with COVID-19 matters, without national security is thereby affected.

The Seventh Guarantee Court argues that “the procedure proposed by the Minister of Health for the purpose of identifying, reviewing and analyzing the information contained in the emails, prior to their delivery to the public prosecutor, results, on the one hand, incompatible with the purpose of the diligence authorized by this court, considering the period that has elapsed since the date of such authorization, still remaining compliance with the other phases detailed in the resolution of October 16 to make the measure effective, therefore, if If the extension was granted in the requested terms, the information would not be in the possession of the public prosecutor for investigative purposes within a reasonable period of time, unjustifiably affecting the investigation ”.

In the same way, the court maintains that “the proceedings for the entry and registration and seizure of communications were ordered by the court, without the knowledge of the affected party, which means that they are carried out expeditiously, considering the nature of diligence; and on the other hand, it is contradictory with the grounds put forward by the health authority in order to justify its opposition to the delivery of the information required by the public prosecutor in the terms indicated above ”.



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