Archive for May, 2020

A Day in the Life of Safe Communities Portugal

Monday, May 25th, 2020

You see our work every day on Facebook; so we thought today we would take an opportunity to provide an insider´s view of the work being undertaken by our volunteers on a daily basis to get our reports to you.

A typical day at SCP consists of many specialist volunteers – including Maria, Dalia, Rolf, Daniel, Joan, Louise (and several others who prefer to be private) researching and sending reports to us during the day as news emerges in their areas which is then collated and edited by the core team (David, Elise and Chris) and either posted immediately or edited ready for the next day´s report.

As SCP now has 26,000 followers on Facebook, a significant 45% increase since the start of the pandemic. We now have to respond to a significant amount of posts and we understand the importance of this task for the communities.

Our Facebook posts are widely shared, with your help, and the highest reach was 78,219 at the introduction of the first state of Emergency and the second highest 69,621 on 11th May. On average we reach about 31,000 per day.

The introduction to and main body of the daily SITREP report is compiled by David and Chris from reports from our volunteers and the Overseas Report written by Louise Birch are compiled over the day and following morning and posted – normally, the SITREP by 0930 latest and Overseas report by 1100. SCooP features as well of course, with poems provided by Julie.

So we do not forget our core responsibilities of crime prevention, Leanne prepares a weekly crime prevention and awareness report which is published on Thursdays

Throughout the day (and often late at night), our translators, Eliana, Clare and, Jenny, with the support of our proof reader Jennie, are available to translate any documentation, laws, guidance and advice by government and other agencies in Portugal which we then publish – often the first English translation available in Portugal.

Throughout the day, our Facebook moderators Eliana, Louise, David and Elise answer the numerous questions and comments posted in reaction to our publications and posts – right through to the evening.  This happens 7 days a week. In fact during March and May the number of responses we made was nearly 14,000 so you can see the enormity of this one task alone!

Trying to keep up to date with various laws is demanding and even in Portuguese can be complex. These are monitored daily, Lilia and Eliana providing assistance with translation and clarification.

All this information is uploaded onto our website by Elise and David, and over the last 12c weeks the average daily page visit is around 9000. Please therefore continue to visit our website to get the information and advice you need from official sources.

In the meantime, David is often in communication with government, police, civil protection and local government agencies several tones a day to confirm details before we post advice.

Reopening of gyms

Monday, May 25th, 2020

Gyms will reopen. An agreement has been made with the Directorate-General for Health – this is what will change:

These measures have not yet been finalised, but the President of the Association of Gymnasiums and Academies of Portugal has revealed that these are in line with the measures that were initially proposed by the Association. Now, it is left to for the authorities to announce that Gyms will re-open on June 1st.

There is already a consensus on the rules that will allow gyms to reopen, whilst coronavirus remains in the community. The Directorate-General for Health (DGS)  has completed their review of the proposed guidelines and have requested the views of the Association of Gyms and Academies of Portugal (AGAP), which will be in “total agreement”, as revealed by its President, José Carlos Reis.

“The suggested measures met our expectations and we are very happy with the report that was presented by the DGS. We agree with the extent of the measures presented and we will scrupulously comply with what the DGS decreed”, explained the President.

Even though these measures have not been finalised, AGAP says that they are “very close” to the proposals it had already submitted to the António Costa Government on April 16th. Therefore, it is expected that the gyms will start to operate again, with limits to the space capacity, only by appointment and with restrictions regarding the users’ time in the gym. This has been clarified and is combined with the reinforcement of disinfection regimes of the gyms.

It is also expected that the use of changing rooms will be prohibited, at least in this first phase of reopening. The changing of clothes should only be carried out in the bathrooms.

Some of these measures were proposed by AGAP, which also suggested creating specific schedules for the elderly, prohibiting exercise performed in pairs and reduced group class sizes in order that a distance of four-square metres per person was safeguarded.

Although the measures proposed by the DGS are in line with the initial plan from AGAP, José Carlos Reis says that now all that remains is to confirm the order for all gyms to return to the new normal as of June 1st. For the Association’s President, all gyms are ready to re-open and will have confirmed to them the guidelines to which they must comply.

 

 

Covid -19 ASAE seize on average around two thousand counterfeit face masks per day

Saturday, May 23rd, 2020

Personal protective equipment does not give any guarantee unless certified. Majority of the 100,000 masks seized since April were with false seals of conformity.

The new measures imposed by the covid-19 pandemic gave rise to a massive demand for masks of all types. But many, either surgical, or with particulate filters such as FFP, or so-called fabric social masks, do not offer any guarantee of protection against the spread of the disease.

For this reason, ASAE has been reinforcing inspections of factories, storekeepers, stores, pharmacies and also on internet sellers. On average, since the beginning of April, inspectors have seized about two thousand masks a day. Most have fake security certificates.

The verification of compliance with the technical specifications of personal protective equipment (PPE) available on the market has led ASAE’s special teams of inspectors to fine-tune about 1,000 economic operators from north to south of the country.

One of the biggest seizures took place in an operation in the Cantanhede area, where only one storekeeper had around 70,000 masks with particulate filters. Apparently, they all met safety requirements and were even sold with a certificate of conformity. But a rigorous inspection of the equipment’s characteristics revealed that the certificate was forged and the entire cargo was seized.

The authorities believe that the storekeeper may also have been duped by the importer or the manufacturer himself, located in Eastern European countries.

THREE TYPES OF OFFENSES

Throughout the various inspections, ASAE detected three types of crimes. From the outset, the “production and sale of FFP2 and FFP3 counterfeit masks, with the addition of proprietary international trademarks of PPE, which may mislead the consumer as to their authenticity and compliance with the degree of protection”. There is also the “production and sale of articles with falsified conformity seals / certifications” and also “protective masks (textile article) with the unlawful use / affixing of registered brands or logos (usually associated with traditional clothing brands) and that may not comply with the security requirements “, the source of the ASAE told JN.

The inspections also served to control essential products in a pandemic time, such as alcohol-gel, which, in some cases, did not have the amount of alcohol necessary for efficient disinfection.

COUNTERFEITING

Imitations for sale on social media are dangerous

Filter masks or surgical masks are not the only ones to be subject to counterfeiting. ASAE has already detected dozens of manufacturers and sellers of counterfeit masks sporting luxury clothing brands, football clubs or automobiles. In the past few days, ASAE has launched eight criminal cases for violating industrial property rights. These masks are mainly for sale on social networks and on ad sites.

The sellers call them personalized masks and their price ranges from three to 60 euros. Some of the pieces will be manufactured in Brazil and the sellers guarantee that they can get them to Portugal in less than a week. In some cases, verified by the JN, counterfeiters ensure that the masks meet all the safety requirements required by health authorities. But the guarantee is not certified by any official entity.

 

Coronavirus: Quarantine plans for UK arrivals unveiled

Friday, May 22nd, 2020

People arriving in the UK must self-isolate for 14 days from 8 June to help slow the spread of coronavirus, the government has said.

Travellers will need to tell the government where they will quarantine, with enforcement through random spot checks and £1,000 fines in England.

Home Secretary Priti Patel said the measure would “reduce the risk of cases crossing our border”.

Lorry drivers, seasonal farm workers, and coronavirus medics will be exempt.

The requirement will also not apply to those travelling from the Republic of Ireland, the Channel Islands and the Isle of Man.

According to the Home Office, the new policy will be in place across the UK, although how it is enforced in Scotland, Wales and Northern Ireland will be determined by the devolved administrations.

If a person does not have suitable accommodation to go to, they will be required to stay in “facilities arranged by the government” at the person’s own expense, according to Border Force chief Paul Lincoln.

‘Not shutting down’

Ms Patel told the daily Downing Street briefing the measures were not the same as completely shutting the UK border to visitors.

“We are not shutting down completely. We are not closing our borders,” she said.

And asked about the prospect of foreign holidays this summer, she added: “This is absolutely not about booking holidays. We want to avoid a second wave and that is absolutely vital.”

So-called “air bridges” – agreements with countries that have low infection rates allowing tourists to travel without quarantining – will not be in place initially, the government said.

The new measure, previously announced by Prime Minister Boris Johnson, will be reviewed every three weeks once it is introduced.

But airlines have said a quarantine requirement would “effectively kill air travel” – and one airport boss described the plans as a “blunt tool” .

The government currently recommends international travel only when absolutely necessary, and nobody should travel if they display any coronavirus symptoms.

What does the new system involve?

Passengers arriving in the UK will be required to fill out an online locator contact form – providing details of where they will spend their 14 days in self-isolation.

 

The Home Office said the proposed accommodation will need to meet necessary requirements, such as a hotel or a private address with friends or family.

There will be a fine of £100 for failure to complete the form, and the Border Force will have the power to refuse entry to non-UK citizens who do not comply with the new regulations.

New arrivals will be told they may be contacted at any time during their quarantine and, in England, may be visited by public health authorities conducting spot checks.

They will be told to avoid public transport and travel to their accommodation by car “where possible”, and not to go out to buy food or other essentials “where they can rely on others”.

In England, a breach of self-isolation would be punishable by a £1,000 fixed penalty notice, or prosecution and an unlimited fine for persistent offenders.

 

 

Covid Confirmed cases rate by population

Friday, May 22nd, 2020

The National Statistics Institute published a report on Wednesday 22nd May that the covid-19 cases in Portugal was 29.1 per 10,000 inhabitants, an increase of 12% since May 6, according to INE data released this Friday.

In the North region, 36 municipalities registered figures above the national level.

Of these the most prominent with more than 50 confirmed cases per 10,000 inhabitants, were the municipality of Ovar (120.0); in  Aveiro District, the municipality of Condeixa-a-Nova (87.0) in Coimbra District, the municipalities of Valongo (77.4), Vale de Cambra (72.0), Matosinhos (71.4), Maia (66.9), Gondomar (64.1), Porto (62.6), Santo Tirso (56.9) and Vila Nova de Gaia (50.8).

Some municipalities in the Centro (12), Lisbon Metropolitan Area (Lisbon, Loures and Amadora), Alentejo (Moura) and Autonomous Region of the Azores (the municipality of Nordeste) regions also had values ​​above the national average.

INE also points out that 179 of the country’s 308 municipalities had a confirmed number of cases per 10,000 inhabitants and population density below the national average.

Campsites begin to open in the Algarve

Friday, May 22nd, 2020

Campsites in the Algarve have started to open to the public this week, with the care required by safety rules to combat the covid-19 pandemic.

The three Orbitur parks in the region have been operating since May 20, but the 15 belonging to the Association of Camping Sites in the Alentejo and Algarve (APCAA) will only open doors next Monday.

“We have been contacted by many customers who want to understand what measures are being taken and, after the explanation, are confident and make the reservation effective ,” revealed the manager of the camping site Valverde (Orbitur) in Praia da Luz, in Lagos municipality.

The first customers after reopening “have arrived and are expected more until the weekend” , which leaves Teresa Neto optimistic about the summer, despite knowing that the occupation will be “far from last year’s values”.

Considering that “people are in need of leaving home”, the manager expects, therefore, “a greater demand” by the Portuguese, even though she can only offer two thirds of the park’s total occupation.

During the state of emergency, reservations were cancelled for May and June, but “many remain” for July and August, said Teresa Neto, adding that the new appointments she has received for the next month are from both foreigners and Portuguese.

The size of the park “allows spacing between people, which is a great advantage”, and the adhesion to the ‘Safe & Clean’ seal gives guarantees in terms of “cleaning and sanitizing the changing rooms, after each use”, he said.

Only the social room, the playground, the pool and the restaurant “are still closed”, waiting for the “outline of the measures to be adopted” in order to be opened safely.

Already the Association of Alentejo and Algarve Campsites (APCAA) points to May 25 the opening of the parks “with all the required security guarantees” and a reduction in available area, as it provides a confluence “below normal “in June.

 

INEM gives overview if its performance in the context of the pandemic.

Friday, May 22nd, 2020

The National Institute of Medical Emergency transported about 12,643 users suspected of being infected with Covid-19, from the beginning of March to 17 May, which totals an average of 162 daily cases. The figures are part of INEM’s assessment of the activity in the context of the current pandemic caused by the new Sars-Cov-2, published on its own website.

With the transition to the Mitigation Phase in the response plan of the Directorate-General for Health to Covid-19, INEM recalls that any situation of shortness of breath screened by the Urgent Patients Guidance Centers (CODU) was considered a suspect in Covid- 19, forcing pre-hospital emergency medical professionals to be extra careful.

The transport carried out required a careful disinfection of the ambulances and their equipment, some of which were carried out in collaboration with the National Republican Guard, Armed Forces and other civil protection agents.

Since March 10, INEM has made available nursing teams to collect biological samples from households, homes or other institutions, to reduce the need to transport patients to hospitals. The six teams that INEM created for this purpose made a total of 7,497 sample collections for analysis to date.

With the objective of detecting suspected cases of infection with the new coronavirus early, INEM allocated teams to continental airports to monitor and evaluate suspected cases. From March 20 to May 10, 1,598 passengers were monitored, with 10 suspected cases detected. 1,916 passengers of the MSC Fantasia cruise ship, docked in Lisbon, were also checked by the workers of INEM, with no suspicious cases being detected.

INEM additionally operated support structures for hospital units, having set up screening tents at the São João Hospitals, in Porto, and Dona Estefânia, in Lisbon. He also assisted in the setting up of a “field hospital” in Ovar, with the provision of material and technical consultancy for the assembly of the provisional structure.

Since the beginning of the pandemic, 18 INEM workers and collaborators tested Covid-19 positively. On May 17, only three professionals are infected, two of whom are service providers. All of these professionals were monitored by INEM teams created for this purpose, and none inspired care.

INEM also looked for solutions so that its workers could perform functions through the teleworking regime. Conditions were created for 200 professionals to work from home, not only workers back office , but also professionals CODU.

In addition to all the work carried out in the Covid-19 context, INEM, through the Integrated Medical Emergency System, continued to respond to daily work, sudden illnesses and accidents that did not stop happening, guaranteeing the provision of pre-emergency care. – hospital to all citizens who need them.

Weekly Crime prevention and enforcement Report 22nd May 2020

Friday, May 22nd, 2020

GNR Reaching out to the elderly living in isolated areas

Around the country, the Republican National Guard, in partnership with Altice Portugal has been providing some unforgettable moments to the elderly living alone and / or isolated, helping them fight isolation.

Through the making of video calls, on tablets delivered to the elderly during visits by the GNR, which are part of the 65 Far + Near program, the elderly can contact the family members who are distant, making these contacts emotional but at the same time comforting.

A really excellent and well thought out program.

 

Two foreign nationals extradited to Portugal to face international drug trafficking charges

Last weekend, following a joint operation carried out by the Judiciary Police, through the International Cooperation Unit and the National Unit to Combat Drug Trafficking, and by the competent authorities of Montenegro, it was possible to extradite two men to Portugal. 47 and 53 years of age, who, in a criminal proceeding running under terms in our country, are strongly indicted for the crimes of aggravated drug trafficking and criminal association.

The extradites, one of dual Croatian / Dutch nationality and the other of Croatian nationality, are suspected of having joined a criminal organization with a transnational dimension responsible for sending large quantities of cocaine from South America to Europe. Together with a third individual, who was detained by the Judicial Police in June 2018, when they were crewing a recreational vessel that was intercepted off the Azores with around 1.4 tons of that type of drug on board.

In the process currently underway in Portugal, the two men, now detained as well as the third member who followed the vessel, are subject to the enforcement measures of periodic obligation to present the police authority and a ban on absent from national territory. However, they violated the conditions by going overseas.

 

GNR detained 202 people in the last week across the country

According to the corporation the GNR detained 202 people, half of them for illegal driving and driving under the influence of alcohol, in operations to combat crime and road enforcement carried out last week across the country.

In a statement of the summary of the week’s operational activity between May 8 and 14, the National Republican Guard highlights the following arrests having been made:

63 arrests for driving without legal authorization, 51 for driving under the influence of alcohol, 16 for drug trafficking, 11 for theft, 6 for domestic violence, 3 for illegal possession of weapons and 2 for possession of prohibited weapons.

GNR also added that, in the last week, it also seized: 1,323 doses of hashish, 77 doses of cocaine, 56 doses of heroin, 26 firearms, 15 bladed weapons, 3,645 ammunition of different calibres, 50,000 cigarettes, 1,800 kilos of fish, 1,400 kilos of shellfish, five vehicles and 3,745 euros in cash.

Within the scope of traffic inspection, the GNR military detected 3,767 infractions: 2,261 of which due to speeding, 264 related to anomalies in the lighting and signalling systems, 173 due to use of mobile phones while driving and 167 due to lack of inspection and 149 due to lack of insurance

GNR also detected 135 infractions for lack or incorrect use of the seat belt and child restraint system, 69 for driving with a blood alcohol level higher than allowed by law and 47 related to tachographs

 

PSP union warns of increased aggression against police

The Union of Police Professionals (SPP) lasts Sunday expressed concern about the increase in “aggressions, disrespect and disobedience” towards elements of the security forces in recent times.

“The SPP-PSP expresses its enormous concern with the increase in aggressions, disrespect and disobedience to the security forces without the Assembly of the Republic and the Government taking swift and concrete measures to reverse this situation”, said the PSP.

It is also required to assign a risk subsidy to police officers.

During the early hours of Saturday 16th May, three PSP agents were injured in an intervention in the Casal dos Machados neighbourhood, near Moscavide, in Lisbon, where about 100 people gathered for a party.

According the Correio da Manhã, a security operation was to take place in the neighbourhood on Sunday, the day following the assault on the officers. The PSP were going to be searching residents in that area.

 

Woman run over in Ermesinde by driver who was distracted “by an insect”

A 24-year-old woman is in serious condition after falling off a bridge and landing on a railway line. She was seriously injured after being hit by a car, on the bridge of Palmilheira, in Ermesinde, and having fallen to the railway line, from a height of about nine meters.

The authorities were alerted at 2:37pm.

The driver of the car who had lost his way and hit the young woman, on Avenida Duarte Pacheco (EN208), told the PSP that he was distracted by an insect that entered the vehicle and that is what ended up causing the accident.

The young woman was hit and thrown onto the railway line. She was rescued by the Ermesinde Firefighters and transported, to the Hospital de S. João, in Porto, in serious condition

PSP was at the scene, with members of the Criminal Investigation Division and the Accident Brigade.

Circulation on the railway line in the direction of Ermesinde / Porto, was cut off during the rescue operation.

 

PSP resumes speed control operations

PSP resumed its speed control operations this week, despite continuing to monitor points considered crucial in the context of the calamity situation due to the covid-19 pandemic.

With the gradual return to normality of Portuguese society, the Public Security Police also resumes speed control operations “as of Wednesday, the 15th May 2020,” announced the PSP, in a statement.

According to the PSP, these operations constitute “an essential pillar in the increase of road safety”, being therefore essential to return to “permanent and intensive preventive, proactive and dissuasive inspections of road accidents”.

Despite the resumption of some of the usual activities of the PSP, this police force says that it will continue its action in the context of the calamity decreed due to the covid-19 pandemic.

The PSP stresses that it will maintain vigilance and follow-up at points considered crucial, such as public transport, bathing areas and other places where there is a greater likelihood of a illegal gathering of people.

 

Domestic violence and mistreatment of animals

A 40-year-old man was detained in Sesimbra by the GNR, accused of assaulting his partner for five years.

In addition to physical abuse, the detainee also tortured his companion’s domestic animals.

“The suspect physically, verbally and psychologically assaulted the 34-year-old ex-partner during the five years they lived together.

He exercised total daily, family and social control over the victim, depriving them of contact with family and friends, as well as financial control, leading to their economic dependence “, said the GNR of Leiria.

“He also had the habit of mistreating the victim’s domestic animals.”.

The man did not accept the end of the relationship and pursued the woman for months and even threatened her with death. He also published intimate photographs of the victim and publicly accused her of resorting to prostitution.

GNR also informed that the detainee, with a criminal record for drug trafficking, was detained at the GNR facilities, and will remain there until he appears before the Leiria Judicial Court.

Covid-19 Self Protection Guide for fire fighting operatives

Thursday, May 21st, 2020

Civil Protection sent to all operational personnel involved in the rural fire-fighting device a plan with measures and instructions to prevent contagion by covid-19, that organization revealed to Lusa today.

According to the National Authority for Emergency and Civil Protection (ANEPC), the operational instruction was sent on Tuesday to all operational personnel of the Special Rural Fire Fighting Device (DECIR) of 2020.

ANEPC stresses that this document materializes a set of concrete measures, ranging from individual protection, hygiene rules for rest spaces, food and transportation for operational staff.

These measures are intended to protect civil protection agents from contagion by covid-19 during the time of fighting rural fires, advances Civil Protection, noting that the document reflects the recommendations of health authorities.

The instruction manual on how to manage the risk of covid-19 in fighting fires includes the hygiene and distance rules applied to the spaces where the operational personnel sleep, eat, rest or receive the command’s instructions, as well as the procedures that must be followed. with equipment and vehicles, namely cleaning before and after each service.

Meals will be distributed directly in the theaters of operations, instead of concentrating on the food places and multiplying the number of food places.

According to ANEPC, the pre-positioning of means will be done through a greater separation of teams to avoid exposure to covid-19 through an adjustment of the rules for the use of the Logistical Support Bases and a lower concentration of elements for each one. of these infrastructures, promoting a greater distribution of personnel in the territory through the different temporary municipal infrastructures, created for the reception of people affected with covid-19 and that are not being used.

The Civil Protection has also foreseen the implementation of mechanisms of initial attack to the most robust fires due to the danger and meteorological risk with the use of aerial and terrestrial means of expanded attack, right in the initial phase, in order to reduce the times of operation and of a more prolonged concentration of human resources over time.

In relation to the coordination of air resources, an additional reinforcement grant is foreseen through elements with adequate experience and training.

The National Authority for Emergency and Civil Protection also provides rules for command posts installed in theaters of operations.

In a debate organized last week, the southern district grouping operational commander (CODIS), Miguel Cruz, stressed that this operational instruction can be articulated with the contingency plans of each of the structures involved in the combat.

The means of fighting forest fires were strengthened for the first time this year on May 15, this year being the great challenge to the pandemic of invite-19 in which it is necessary to reconcile the response to fires with health security.

According to the National Operational Directive (DON), which establishes the DECIR for this year, 8,402 operational members of the 1,945 teams and 1,968 vehicles of the various agents present in the field will be available by May 31, in addition to the aerial means, which will be at most 37.

The means of firefighting will be reinforced again on June 1, but it is between July and September, known for the most critical phase, the period that mobilizes the largest device, with 11,825 operational personnel, 2,746 teams, 2,654 vehicles this year. and 60 aerial means.

Data Protection Commission warns that schools must comply with temperature measurement rules

Wednesday, May 20th, 2020

The Data Protection Commission warns that schools must verify and demonstrate that the body temperature measurements they take on students, within the scope of covid-19, comply with legal data protection principles and rules.

In a note available on its website, the National Data Protection Commission (CNPD) emphasizes that temperature measurement was not recommended for educational establishments by the national health authority, “an entity to whom, due to its technical and scientific competences, the law assigns the competence to determine or recommend appropriate and necessary measures to guarantee public health “.

The commission says it was aware that, in the resumption of face-to-face classes last Monday, some educational establishments adopted the procedure of reading students’ body temperature.

In this sense, the Commission recalls that the reading of students’ body temperature, “regardless of whether or not the respective record is performed, constitutes a processing of personal data” and, therefore, educational establishments “have an obligation” to verify and demonstrate that the treatments they carry out comply with the principles and legal rules for the protection of personal data.

“In fact, body temperature is information related to an identified or identifiable natural person, and a collection and analysis operation is being carried out on it, so much so that, depending on the observed measurement result, a decision is made that affects the life of the student who holds the data: whether or not admission to the educational establishment he attends is permitted, and therefore whether he is prevented from attending and participating in face-to-face classes “, says the CNPD.

The legal diploma that regulates the resumption of classroom teaching activities does not provide for this treatment of personal data, says the CNPD, in the guidelines for educational establishments regarding the measurement of students’ body temperature, in the context of returning to classes and other teaching activities in person, regardless of education level.

According to CNPD, the decree-law only determines that educational establishments reorganise “school spaces, classes and schedules, in order to guarantee compliance with the guidelines of the General Directorate of Health, namely in terms of hygiene and physical distance. “.

“Nor do the guidelines and recommendations of the Directorate-General for Health, to which it refers, point to this measure as adequate and necessary to safeguard public health. In fact, regarding access to the school grounds, in the guidelines only the “duty to ensure that everyone is wearing a mask. Hand hygiene at the entrance and exit, with alcohol-based antiseptic solution, must also be taken care of”, specifies the commission.

CNPD indicates that educational establishments have regular autonomy, within which the student’s status can be defined.

However, the commission stresses, “the restriction of rights, freedoms and guarantees, such as the right to respect for private life and the right to the protection of personal data, can only occur by determination of law, which provides for appropriate and specific measures that safeguard the fundamental rights and interests of the data subjects, and therefore, under no circumstances can a regulation of an educational establishment introduce innovatively a restriction of those rights “.

The commission also stresses on the grounds of lawfulness for the processing of health data, that “consent, to be legally relevant, must be given under conditions that guarantee the freedom inherent in that manifestation”.

This, according to CNPD, assumes, “not only clear information about the conditions of the processing of personal data and the consequences of it, but also that this manifestation of explicit will is not conditioned or impaired by the possible repercussions (or by the threat of repercussions) that the refusal of its issuance may have “.

This means, says the commission, that the “declaration of will eventually manifested by the student, or by the guardian, is only relevant to justify the treatment if there is no threat or communication that the refusal to subject the body temperature reading procedure implies the negative consequence for the student of being prevented from entering a classroom and, therefore, of obtaining the necessary teachings for his preparation for the evaluation ”