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The Minister of Health, Enrique Paris, asked to extend the deadline to deliver the Minsal emails to 42 business days, despite the order of the Seventh Guarantee Court of Santiago that granted him three days to comply with the order, this in the framework of the investigation for the handling of data of the covid-19 figures during the pandemic, after the Supreme Court decision that forced the aforementioned portfolio to deliver said information.
“I was ordered that in my capacity as Minister of Health” … within a period of no more than 3 days, to single out the electronic communications that correspond to the exceptions provided for in numeral 6, letters a) and b) of the resolution of the Honorable Supreme Court, referred to above. ” By this act, and for purposes of being able to comply with the order, I request an extension of 42 business days from the effective delivery of copy “B” to this Minister, ”says the judicial presentation presented by the holder of the Health portfolio.
Among the considerations, Paris states that Entel, the entity that maintains technical support from Minsal, must be considered in the process of reviewing and delivering the information, which implies the participation of a third party in said procedure.
In addition, it notes that the compilation work covers approximately 49,000 emails, “Which must be analyzed based on the criteria established by the Supreme Court, to mainly protect national security. Due to its nature and importance, such work must be carried out by trained personnel from the Ministry of Health, under strict security measures, in an equipped and suitable room that ensures its success ”.
In the same vein, he adds that as Ministry of Health They would need at least 10 trained lawyers for this task, each of whom would have to review 4,900 emails, work that, according to Paris, would involve at least 28 working days of exclusive work. The foregoing, without counting the personnel trained in computer science necessary to support the operation.
“Currently the Legal Division of the Ministry of Health is made up of 21 lawyers, while the Directorate of Information and Communication Technologies has 50 officials trained in computer science. In order to comply with the diligence, this limited number of officials must be reassigned in circumstances that the Ministry of Health has all its resources mainly destined to cover all the needs that the pandemic COVID-19 it has originated ”, added the portfolio holder in his presentation.
Finally, the Minister of Health states that the portfolio officials are in tasks destined to face the pandemic, which also “Makes impossible” delivery of emails in 3 days, as ordered by the court, but in 42 days.
Read the presentation of Minister Paris:
Document (1)
“It is unpresentable”
The prosecutor in the case, Ramon Sepúlveda, who represents Mayor Daniel Jadue, described the extension of the term requested by Paris as unpresentable.
“The term requested by the minister is unpresentable, if there are indeed emails that put national security at risk and the opposition is legitimate, I imagine they are communications that they have identified, otherwise it would be acknowledging that the initial opposition to the diligence Check-in and check-in was without a real livelihood. This is also requested after several rejected appeals, which clearly it is an obstacle to the work of the Public Ministry “said the lawyer.
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