Odia Kagan of Fox Rothschild writes:
Argentina’s data protection authority has issued guidance on processing geolocation data in the context of the COVID-19 health emergency.
- All information referring to the location of a person and/or their movements constitutes personal data.
- Location data is defined as information collected by a network or service about where the user’s phone or other device is or was located.
- Location data can be inferred by GPS (global positioning system), cell towers (mobile phone operators), WiFi networks, Bluetooth or a combination of signals
- The state authorities will be authorized to carry out the monitoring as long as they do it within the scope of their specific competence. Said competence must be interpreted strictly and not broadly. When they do not have this authorization, monitoring must be based on another alternative legal basis, such as consent.
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