Argentina: The Data Protection Authority's Resolution No. 255/2022 on Genetic Data

In brief

On 16 December 2022, the Data Protection Authority (DPA) issued Resolution No. 255/2022 ("Resolution"). The Resolution approves the guiding criterion on the processing of genetic data, which is mandatory for those who are subject to the Personal Data Protection Law No. 25,326.


In focus

The Resolution defines genetic data as data relating to the inherited or acquired genetic characteristics of an individual who provides information on their physiology or health.

In addition, the Resolution sets forth that genetic data will be considered sensitive data whenever it univocally identifies an individual and information related to the health or physiology of the data subject can be derived from or revealed by such data, or its use may be potentially discriminatory to the data subject. In such cases, the security and confidentiality protection levels must be raised, and greater restrictions on access, use and circulation in their processing must be verified.

Argentina recently enacted a law that approves the adhesion to Convention 108+ (see here). Convention 108+ is an important development in terms of privacy protection against possible abuses in the processing of personal data. In this sense, the Resolution evidences Argentina's commitment to adapt its standards to those of Convention 108+.

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