Agency for Access to Public Information – Guidance on Genetic Data.
Data Privacy & Data Protection – Cybersecurity Department Report | Agency for Access to Public Information – Guidance on Genetic Data
Dear Sir or Madam,
Resolution No. 255/2022 of the Agency for Access to Public Information (“AAPI”) (the Resolution), published in the Official Gazette on December 16th, 2022, approves a guiding criterion and best practice standard with respect to genetic data within the framework of Law No. 25.326 on the Protection of Personal Data (the “DP Law”).
The Resolution – mandatory for all those obliged to comply with the DP Law- establishes that genetic data are those relating to the inherited or acquired genetic characteristics of a human person that provide information about his or her physiology or health.
Additionally, the Resolution determines that genetic data are considered sensitive personal data, provided that they uniquely identify a natural person and information that relates to the health or physiology of the data subject can be derived or revealed from them or whose use could be potentially discriminatory to the data subject.
Likewise, when genetic data are considered sensitive personal data, higher levels of security, confidentiality, and restrictions on access, use, and circulation must be implemented in their processing in accordance with the provisions of Section 9 of the DP Law and Resolution No. 47/2018 of the AAPI.
Click here to read the full text of the Resolution.
Please, do not hesitate to contact us should you require any additional information on this matter.
Sincerely,
Emilio Beccar Varela
Florencia Rosati