Argentine Court Rules to Delete COVID-19 Data: A Step Towards Privacy Protection but Challenges Remain

In May 2023, the Argentine Computer Law Observatory (ODIA) and a citizen named Eliana Andrade filed a lawsuit demanding the deletion of the data collected by the CUID.AR app, which still remains stored and accessible today. The app stored sensitive information like full names, ID numbers, addresses, circulation permits, and vaccination certificates. The Government of Alberto Fernández had issued an administrative decision that allowed the transfer, assignment, or exchange of citizen data among different organizations, ultimately reaching the Head of the Cabinet of Ministers.

The Federal Administrative Litigation Chamber ruled this week that the Executive Branch must delete the CUID.AR application database used during the pandemic since 2020. This database was used to manage the health pass, circulate and manage data on vaccination and COVID-19 testing. However, concerns about privacy and potential data leaks were raised due to government decisions allowing for citizen data transfer among organizations without users’ consent.

There have been numerous data leaks in recent years in Argentina involving organizations such as Renaper, PAMI, and the Ministry of Health. Last Monday, Chamber IV of the Chamber accepted a collective protection lawsuit indicating that the app’s database was meant for health emergency purposes only and that data sharing was done without users’ consent. Despite canceling records in March last year, no measures were taken to delete stored data.

The ruling by the Federal Chamber marks a significant step towards protecting citizens’ privacy rights but also presents practical challenges in completely erasing information in a digital world where data is continuously stored and transferred. The lack of a National Cybersecurity Agency in Argentina adds to these challenges.

In conclusion, while progress has been made in protecting citizens’ privacy rights through legal action and court rulings like this one