Communication on the outcome of an antigen test, for the detection of COVID-19, in the educational center where the complainant provides his services.

A private center communicated the result of an antigen test to the Health Department and this one, provided the said information to the educational center where the complainant provided his services. In this regard, Article 23 of Law 2/2021 of 29 March, on urgent measures for prevention, containment and coordination to deal with the health crisis caused by Covid-19 obliges establishments that carry out COVID-19 diagnostic tests to submit, on a daily basis, the results of the tests they carry out to the health authority and, in turn, Article 8.4 of Decree Law 41/2020, on extraordinary measures in the field of education to deal with the consequences of Covid-19, determines that the Health Department must communicate to the directors of educational centres, the health data corresponding to the results of the diagnostic tests. This being the case, it is appropriate to file the facts indicted since the communications concerned were carried out under Article 6.1 of the GDPR, in compliance with a legal obligation (in the case of the private laboratory), and in the exercise of public powers (in the case of the Ministry of Health). It should also be noted that, despite the notification of health data, the exceptions provided for in Article 9(2) and (i) of the GDPR would apply, which would allow the lifting of the ban on Article 9(1) of the GDPR.