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Commission Implementing Decision 2019/1765 of 22 October 2019 providing the rules for the establishment, the management and the functioning of the network of national authorities responsible for eHealth, and repealing Implementing Decision 2011/890/EU (notified under document C(2019) 7460) (Text with EEA relevance)
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1.For the purposes of this Decision:
(a)‘eHealth Network’ means the voluntary network connecting national authorities responsible for eHealth designated by the Member States and pursuing the objectives laid down in Article 14 of Directive 2011/24/EU;
(b)‘National Contact Points for eHealth’ means organisational and technical gateways for the provision of Cross-Border eHealth Information Services under the responsibility of the Member States;
(c)‘Cross-Border eHealth Information Services’ means existing services that are processed via National Contact Points for eHealth and through a core service platform developed by the Commission for the purpose of cross-border healthcare;
(d)‘eHealth Digital Service Infrastructure for Cross-Border eHealth Information Services’ means the infrastructure that enables the provision of Cross-Border eHealth Information Services via National Contact Points for eHealth and the European core service platform. This infrastructure includes both generic services, as defined in Article 2(2)(e) of Regulation (EU) No 283/2014, developed by the Member States and a core service platform, as defined in Article 2(2)(d) therein, developed by the Commission;
(e)‘other shared European eHealth Services’ means digital services that may be developed in the framework of the eHealth Network and shared between Member States;
(f)‘governance model’ means a set of rules concerning the designation of bodies participating in decision-making processes concerning the eHealth Digital Service Infrastructure for Cross-Border eHealth Information Services or other shared European eHealth Services developed in the framework of the eHealth Network, as well as description of those processes[F1;]
[F2(g) ‘ application user ’ means a person in possession of a smart device who has downloaded and runs an approved contact tracing and warning mobile application;
(h) ‘contact tracing’ means measures implemented in order to trace persons who have been exposed to a source of a serious cross-border threat to health within the meaning of Article 3(c) of Decision No 1082/2013/EU of the European Parliament and of the Council (1) ;
(i) ‘ national contact tracing and warning mobile application ’ means a software application approved at national level running on smart devices, in particular smartphones, designed usually for wide-ranging and targeted interaction with web resources, which processes proximity data and other contextual information collected by many sensors found in the smart devices for the purpose of tracing contacts with persons infected with SARS-CoV-2 and alerting persons who may have been exposed to SARS-CoV-2. These mobile applications are able to detect the presence of other devices using Bluetooth and exchange information with backend servers by using the internet;
(j) ‘ federation gateway ’ means a network gateway operated by the Commission through a secure IT tool that receives, stores and makes available a minimum set of personal data between Member States’ backend servers for the purpose of ensuring the interoperability of national contact tracing and warning mobile applications;
(k) ‘ key ’ means a unique ephemeral identifier related to an application user reporting to have been infected with SARS-CoV-2, or who may have been exposed to SARS-CoV-2;
(l) ‘ verification of infection ’ means the method applied for confirming an infection with SARS-CoV-2, namely whether this was self-reported by the application user or resulted from confirmation from a national health authority or a laboratory test;
(m) ‘ countries of interest ’ means the Member State, or Member States, where an application user has been in the 14 days prior to the date of upload of the keys and where he has downloaded the approved national contact tracing and warning mobile application and/or has travelled;
(n) ‘ country of origin of the keys ’ means the Member State where the backend server that uploaded the keys to the federation gateway is located;
(o) ‘ log data ’ means an automatic record of an activity in relation to the exchange of, and access to, data processed through the federation gateway, that show in particular the type of processing activity, the date and time of the processing activity, and the identifier of the person processing the data.]
2.The definitions in points (1), (2), (7) and (8) of Article 4 of Regulation (EU) 2016/679 shall apply accordingly.
Textual Amendments
F1 Substituted by 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).
F2 Inserted by 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).
[F2Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC ( OJ L 293, 5.11.2013, p. 1 ).]
Textual Amendments
F2 Inserted by 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).
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