The migration phenomenon presents complex challenges for a state governed by the rule of law. It is essential to uphold our commitment to safeguarding the health of migrants and refugee populations, ensuring their access to health services based on the principle of universality. In Spain, Royal Decree-Law 7/2018 reinstated access to the Spanish national health system as a fundamental right, but its formulation has been criticised for creating obstacles that hinder equal access to such services.

Migrants may also carry contagious diseases, and early diagnosis could help prevent the risk of an epidemiological emergency. This requires health controls that involve the processing of sensitive personal data, in compliance with the General Data Protection Regulation (GDPR). This paper aims to provide guidance for balancing the rights of individuals with the protection of public health.

The project aims to strike a balance between the rights of migrant populations and the protection of public health, adopting ethical and legal principles for responsible handling of personal information. It also aims to raise awareness among professionals and establish limits on the use of health data, while enhancing the understanding of data protection among migrants.