Implementing decision 2020/1023 - Amendment of Implementing Decision (EU) 2019/1765 as regards the cross-border exchange of data between national contact tracing and warning mobile applications with regard to combatting the COVID-19 pandemic - Main contents
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official title
Commission Implementing Decision (EU) 2020/1023 of 15 July 2020 amending Implementing Decision (EU) 2019/1765 as regards the cross-border exchange of data between national contact tracing and warning mobile applications with regard to combatting the COVID-19 pandemic| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2020/1023 |
| Regdoc number | C(2020)4934 |
| CELEX number i | 32020D1023 |
| Document | 15-07-2020; Date of adoption |
|---|---|
| Publication in Official Journal | 16-07-2020; OJ L 227I , 16.7.2020, p. 1–9 |
| Effect | 17-07-2020; Entry into force Date pub. +1 See Art 2 |
| End of validity | 31-12-9999 |
16.7.2020 |
EN |
Official Journal of the European Union |
LI 227/1 |
COMMISSION IMPLEMENTING DECISION (EU) 2020/1023
of 15 July 2020
amending Implementing Decision (EU) 2019/1765 as regards the cross-border exchange of data between national contact tracing and warning mobile applications with regard to combatting the COVID-19 pandemic
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (1), and in particular Article 14(3) thereof,
Whereas:
(1) |
Article 14 of Directive 2011/24/EU assigned the Union to support and facilitate cooperation and the exchange of information among Member States working within a voluntary network connecting national authorities responsible for eHealth (the ‘eHealth Network’) designated by the Member States. |
(2) |
Commission Implementing Decision (EU) 2019/1765 (2) provides for the rules for the establishment, the management and the functioning of the network of national authorities responsible for eHealth. Article 4 of that Decision entrusts the eHealth Network with the task of facilitating greater interoperability of the national information and communications technology systems and cross-border transferability of electronic health data in cross-border healthcare. |
(3) |
In the light of the public health crisis caused by the COVID-19 pandemic, several Member States have developed mobile applications that support contact tracing and enable the users of such applications to be alerted to take appropriate action, such as testing or self-isolating, if they have been potentially exposed to the virus through proximity to another user of such applications, who has reported a positive diagnosis. These applications rely on Bluetooth technology to detect proximity between devices. As restrictions on travel between Member States have been lifted since June 2020, greater interoperability of the national information and communications technology systems should be achieved between the Member States in the eHealth Network, by implementing a digital infrastructure enabling interoperability between national mobile applications supporting contact tracing and warning. |
(4) |
The Commission has been supporting Member States as regards the mobile applications mentioned above. On 8 April 2020, the Commission adopted a Recommendation on a common Union toolbox for the use of technology and data to combat and exit from the COVID-19 crisis, in particular concerning mobile applications and the use of anonymised mobility data (the ‘Commission Recommendation’) (3). The Member States in the eHealth Network adopted, with the Commission’s support, a Common EU toolbox for Member States on mobile applications to support contact tracing (4) as well as interoperability guidelines for approved contact tracing mobile applications in the EU (5). The toolbox explains the national requirements for national contact tracing and warning mobile applications, in particular that they should be voluntary, approved by the respective national health authority, privacy-preserving, and dismantled as soon as no longer needed. Following the most recent developments of the COVID-19 crisis, the Commission (6) and the European Data Protection Board (7) have each issued guidance on mobile applications and contact tracing tools in relation to data protection. The design of Member States’ mobile applications and of the digital infrastructure enabling their interoperability builds upon the Common EU toolbox, the above-mentioned guidance, and the technical specifications agreed in the eHealth Network. |
(5) |
In order to facilitate the interoperability of national contact tracing and warning... |
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