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Life Sciences Alert – February 2020

ALERT – LIFE SCIENCES

Telehealth and Personal Data in Peru

 Supreme Decree No. 005-2021-SA, published on January 23, 2021, adopted the Regulations of Law No. 30421, Telehealth Framework Law, and Legislative Decree No. 1490 (hereinafter referred to as “The Regulations”).

As a preliminary point, we must mention that although Peru already had regulations in force for the provision of Telehealth services, within the framework of the current Health Emergency, the Peruvian government has established and enacted several provisions aimed at facilitating and encouraging Telehealth services. It must be borne in mind that its implementation and development seeks to promote the application of information and communication technologies (ICT) to improve access to health services and the quality of health care, especially in rural and isolated areas. In this regard, the Regulation is the pending piece of legislation for the current regulatory framework in relation to Telehealth.

Accordingly, the Regulation aims to establish the provisions that shall allow the implementation and development of Telehealth, as well as the proper enforcement of Law No. 30421, Telehealth Framework Law, and Legislative Decree No. 1490, Legislative Decree that strengthens the scope of Telehealth. Likewise, with regard to the scope of the Regulation, the provisions contained therein shall be applicable to the entire health sector.

In general terms, among others, the Regulation lays down provisions on:

– Necessary conditions for the provision of the Telehealth service.

– Organization of the Telehealth service.

– Measures for the implementation of the Telehealth service.

– Telehealth capabilities.

– Processing of personal data in the Telehealth service.

– Open data and information security in Telehealth.

– Interoperability in Telehealth.

– Obligations and responsibilities of health care personnel involved in the provision of telehealth services.

– Telehealth axes

The Regulation repeals Supreme Decree No. 003-2019-SA, which adopted the Regulation of Law No. 30421, Telehealth Framework Law, amended by Legislative Decree No. 1303, which optimizes processes linked to Telehealth.

For further information please contact Maritza Reátegui (mreategui@estudiorodrigo.com) and/or Daniela Supo (dsupo@estudiorodrigo.com).