What does this cover?

In May this year the Argentine Data Protection Authority (the Regulator) published Rule No. 20/2015 which addresses the legal requirements for personal data collection through the use of UAVs (the Regulations). The Regulations govern the collection, storage and processing of personal data in digital format that has been acquired through the use of UAVs.

The Regulations establish the conditions for such personal data collection, most notably stating that consent of the data subject must be obtained, unless one of the exceptions applies. These include collection considered to be in the interest of the public, State surveillance and to enable disaster or emergency responses).

Those responsible for using drones to collect personal data are required to comply with the legal requirements imposed on data controllers, as well as putting in place policies for this manner of data collection. The Regulations do not apply to drones used for leisure purposes.

The new regulations correspond to similar issues addressed in the Video Surveillance regulations and demonstrate continued efforts by the Regulator to address data protection in respect of new technologies.

What action could be taken to manage risks that may arise from this development?

Companies with presence in Argentina should review and comply with the Regulations if utilising drones in Argentina.