New Resolution of the Agency of Access to Public Information about personal data

On December 15, 2022, the Agency for Access to Public Information (“AAIP”) published in the Official Gazette Resolution No. 255/2022 (the “Resolution”) approving the Guiding Criteria and Indicator of Best Practices in the Application of Law No. 25,326 on Personal Data, with respect to genetic data, being its observance mandatory for the subjects reached by Law No. 25,326.

According to the Resolution, genetic data are “those data relating to the inherited or acquired genetic characteristics of a human person that provide information about his or her physiology or health”.

The Resolution includes genetic data within the category of “Sensitive Data” when they unequivocally identify a natural person and from them can be derived or reveal information related to the health or physiology of the data subject, or whose use may be potentially discriminatory to the data subject.

When genetic data are considered sensitive personal data, higher levels of security, confidentiality, restrictions on access, use and circulation must be implemented in their treatment, as established by the personal data law and Resolution No. 47/2018 of the AAIP.

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