/ Ministry of science authorizes use of databases in the context of Covid-19

July 8, 2020

Jaime Urzúa W.

Associate Attorney

Alessandri Abogados


An interesting regulation was recently published on June 11 by the Ministry of Science, Technology, Knowledge and Innovation. It is Resolution 94, by which this body granted a global, free, irrevocable, non-transferable and non-exclusive public license on the source code of several products and databases that this public body has created, in relation to the pandemic. This, with the aim of facilitating their use by the general public.

Through this resolution, permission was granted for anyone to publish, distribute, share, disseminate, adapt, extract in whole or in part, and use in any way the “licensed material”, which is being published by the Ministry on Github, a collaborative software development web platform[1].

This is because the ministry, in the wake of the Covid-19 pandemic, has concentrated its efforts on providing data about the traceability of infections, mobility of people in locations under lockdown, PCR tests, availability of beds and respirators, among others. Thus, the objective is to promote the use of data for scientific, clinical and academic research, in addition to contributing to decision-making by the authorities.

This resolution, in any case, operates as terms and conditions of use with respect to the license granted, so it establishes a series of provisions aimed at protecting both the moral rights of Law 17,336 and privacy, on the understanding that the data published by the Ministry are anonymous and available in aggregate form.

While we welcome this initiative by the Government, we will carefully observe the respect and protection of the data that will be processed under this license, for which an adequate disassociation of the identity of its holders must be ensured.

It is essential to follow up on the possible results of this measure to see how the authorities and, finally, the citizens, will make use of the information, in order to strengthen decision-making to face the new challenges brought about by Covid-19.