Contact Tracing and Alerting Mobile Application

L.N. 128 of 2021

PUBLIC HEALTH ACT

(CAP. 465)

Contact Tracing and Alerting Mobile Application

(Amendment) Order, 2021

IN EXERCISE of the powers conferred by article 27(c) of the

Public Health Act, the Superintendent of Public Health, after

consultation with the Information and Data Protection Commissioner,

has made the following order:-

The title of this order is the Contact Tracing and Alerting

Mobile Application (Amendment) Order, 2021 and this order shall be

read and construed as one with the Contact Tracing and Alerting

Mobile Application Order, hereinafter referred to as the "principal

Article 3 of the principal order shall be amended as

(a) immediately after the definition "controller" there

shall be added the following new definitions

" "eHealth Network" means a voluntary network set

up under Article 14 of 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, and that provides a platform of Member States'

competent authorities dealing with digital health;

"European Federation Gateway Service" means a

service provided and managed by the eHealth Network,

which accepts and temporarily stores data detailed in sub-

article (1) of article 10 and uploaded by a participating

country, for download to the other participating countries;";

and

(b) immediately after the definition "rotating proximity

identifiers" there shall be added the following new definition

" "Participating country" means a country authorised

by the eHealth Network to participate in cross-border data

exchange between national contact tracing and warning

mobile applications based on Commission Implementing

Decision (EU) 2020/1023 of 15 July 2020 amending

Implementing Decision (EU) 2019/1765 on cross-border

data exchange between national contact tracing and

warning mobile applications in connection with combating

the COVID-19 pandemic;".

Article 10 of the principal order shall be amended as Amends article

10 of the

principal order.

(a)

sub-article (1) thereof shall be amended as follows

(i) immediately after sub-paragraph (vi) of

paragraph (b) thereof there shall be added the following

new sub-paragraph

"(vii) A list of country codes in accordance to

the user’s choices; and"; and

(ii) immediately after paragraph (c) thereof there

shall be added the following new paragraph

"(d) in the European Federation Gateway

Service

(i) the temporary exposure keys, each

key combined with the key date and list of

countries of interest including the country of

origin, of infected users who have carried out

positive infection verification, and which keys

were sent by the infected users’ national contact

tracing and warning mobile applications and

where the date of each key is fourteen (14) days

or less than the users’ infectivity date

determined by the individual users’ national

health authority;"; and

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) The data mentioned in paragraphs (a), (b) and

(c) of sub-article (1) shall be permanently deleted after the

lapse of fourteen (14) days from the date when such data is

captured or uploaded, as the case may be, and the data

mentioned in paragraph (d) of sub-article (1) shall be

permanently deleted after the lapse of seven (7) days from

the date when such data is uploaded to the European

Federation Gateway Service

Provided that the data stored on the central

server referred to in paragraph (b) and the data stored on

the European Federation Gateway Service referred to in

paragraph (d) of sub-article (1) shall be retained for an

additional seven (7) days for backup purposes.".

Article 12 of the principal order shall be substituted by the

following new article

"12. (1) The application and any data processed therein

is designed to support cross-border interoperability within the

countries participating in the European Federation Gateway

Service.

(2) Information in the European Federation Gateway

Service shall only be processed for purposes related to the

promotion of interoperability between national contact tracing

and warning mobile applications of participating countries for

the COVID-19 pandemic and the continuity of cross-border

contact tracing.".

€0.27