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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+.

Click here to access the Spanish version.


Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. With more than 30 years of experience, he is recognized as a foremost practitioner in his field. He founded the IT/C team in Argentina and was the coordinator of the LatAm IT/C team from 2008 to 2017. He is currently a member of the Steering Committee of Baker McKenzie LatAm’s IPTC team.
Guillermo has authored books and articles on legal matters. He has won awards for his book “Derecho de las Telecomunicaciones” (National Academy of Law - Mención de honor, 1998, and Austral University - premio tesina,1997) as well as for the paper he filed in the IX National Congress on Corporate Law (Tucumán, 2004). He has been a professor at the University of Buenos Aires, Austral University, Palermo University, Catholic University and CEMA. In 2003, he was awarded the Folsom fellowship grant by the Center for American and International Law in Dallas.


Martín Roth is a partner in the M&A, Real Estate and TMT practice groups in Baker McKenzie's Buenos Aires office. Martín has more than 13 years of extensive transactional domestic and international experience, focusing on the real estate and TMT industries. Prior to joining Baker McKenzie, he worked as a trainee lawyer on the Corporate, Banking/Finance and Litigation areas with a local law firm in Argentina. From 2007 to 2012, he worked in Baker McKenzie's Buenos Aires office. From 2013 to 2016, he worked as an independent attorney at another law firm. Martín rejoined the Buenos Aires office in 2016 and was named partner in July 2019.


Valentina Salas is an Attorney at Law in Baker McKenzie Buenos Aires office.


Catalina Beñatena is an Associate in Baker McKenzie, Buenos Aires office.

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