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The President of the Republic sent this Thursday to the Assembly of the Republic the draft diploma that renews the state of emergency for 15 days, from November 24 to December 8, and that,the opposite of the previous one, explicitly establishes that an infected person can be subjected to internment or mandatory confinement.
“It is essential to renew the state of emergency, so that certain restrictive measures can also be renewed, but more adapted to the experience of reality and more differentiated according to the situation and heterogeneity of each municipality, hoping that they can soon produce positive effects”, he says the presidential decree.
“To the extent strictly necessary and proportional, [pode ser decretado] compulsory confinement in a health facility, at home or, where it is not possible there, in another place defined by the competent authorities, of people with the SARS-CoV-2 virus, or under active surveillance ”, reads the list of limitations rights that are now allowed.
It is also there where the differentiation of measures by municipality is now envisaged, “according to the degree of risk of each municipality”, which should “be grouped according to the data and assessment of the competent authorities.”
Ensure the distribution of medicines and vaccines
Anticipating some difficulty in the distribution of medicines and health products, the decree takes up a measure that had been taken in the first phase of the state of emergency, between March and May, which allows the Government to adopt special measures to guarantee “normal production, transport, distribution and supply of essential goods and services for the activity of the health sector ”. The objective is “to ensure access and regularity in the circuit of medicines and vaccines, medical devices and other health products, such as biocides, disinfectant solutions, alcohol and personal protective equipment.
There is also the possibility of ordering “the total or partial closure of establishments, services, companies or means of production and changes to the respective regime or opening hours.”
Another new restriction provided for in this decree refers to the departure, by free initiative, of the employees of the National Health Service, as the PUBLIC had already advanced. “The possibility of terminating the labor relations of workers in the services and establishments integrated in the SNS may be limited.”
Protection of clinical data
The presidential decree establishes that, during the state of emergency, it may be necessary to process personal data, but emphasizes that it will not be allowed to “keep a memory or record of the body temperature measurements performed or the results of the SARS-CoV diagnostic tests. . two”.
It is the first time that restrictions on the right to the protection of personal data are foreseen: “There may be a place for the processing of personal data to the extent strictly necessary for the implementation of the measures provided” in some of the articles of the decree.
In particular, it refers to the possibility of “imposing the use of a mask and carrying out body temperature controls, by non-invasive means, as well as performing diagnostic tests for SARS-CoV-2”, but it is precisely these issues that the Storage in databases is prohibited.
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