The Argentina Federal Court of Appeals on Civil and Commercial Matters has expanded the country’s data protections by ruling that the context in which data is gathered and processed matters when determining whether data is sensitive. Diego Fernandez, a senior associate at Marval, O'Farrell & Mairal, writes for Privacy Tracker about the case, which involves the inspector general of justice's request for data from a political organization in order to approve financial statements. The IGJ argued that names alone are not sensitive and, upon continued refusal to produce the data, imposed sanctions on PATRIA. PATRIA appealed the sanctions, and the court sided with the think-tank, determining that "having one’s name associated with the group indicated one’s ideology. Therefore, while names alone are not usually protected as sensitive personal data under the [data protection law], the court held that in this context they are sensitive."
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