Argentina: Data Protection Laws of the World Handbook: Second Edition - Argentina

E-Commerce and Privacy Alert

LAW

Section 43 of the Federal Constitution grants citizens expeditious judicial action to gain access to information about them contained in public and private databases and to demand its amendment, updating, confidentiality, or suppression if it is incorrect.

Personal Data Protection Law Number 25,326 (the "PDPL"), enacted in October 2000, provides much broader protection of personal data closely following Spain's data protection law. On 30 June 2003, the European Commission recognised that Argentina provides an "adequate" level of protection of personal data, in line with the Data Protection Directive (95/46/EC).

DEFINITION OF PERSONAL DATA

Personal information or data means "any type of information related to identified or identifiable individuals or legal entities".

DEFINITION OF SENSITIVE PERSONAL DATA

Sensitive information or data means "personal information revealing racial or ethnic origin, political views, religious beliefs, philosophical or moral stands, union affiliations or any information referring to health or sexual life".

NATIONAL DATA PROTECTION AUTHORITY

Argentine Personal Data Protection Agency – in Spanish Dirección Nacional de Protección de Datos Personales ("DNPDP").

REGISTRATION

Any public or private database formed for the purpose of providing reports, any private database which is not formed exclusively for personal use, and any database formed for the purpose of transferring personal data must be registered with the DNPDP. The registration must include, at least, the following information:

  • name and address of the data collector;
  • characteristics and purpose of the database;
  • nature of the data included in the database;
  • collection and update methods;
  • individuals or entities to which the data may be transferred;
  • methods for linking the recorded information;
  • methods used to ensure data security, including a detail of the people with access to
  • information processing;
  • time during which the data will be stored; and
  • conditions under which third parties can access to data related to them and the procedures performed to correct or update the data.

DATA PROTECTION OFFICERS

There is no requirement in Argentina for organizations to appoint a data protection officer.

However, a 'Head of Data Security' (Responsible de Seguridad) must be appointed by data controllers to which "medium" or "high" security requirements apply. Its duties are exclusively related to ensuring compliance with database security measures.

COLLECTION AND PROCESSING

In general, data controllers may only collect and process personal data with the data subject's consent. Consent is not required if: (i) the data is collected from a publicly accessible database, in the exercise of government duties, or as a result of a legal obligation, (ii) the database is limited to certain basic information, such as name, ID, tax ID, job, birthdate and address, (iii) the personal data derives from a scientific or professional contractual relationship and is used only in such context, or (iv) the information is provided by financial institutions, provided that they were required to do so by a court, the Central Bank or a tax authority.

When collecting personal data, the data collector shall expressly and clearly inform data subjects of: (i) the purpose for which the data is being collected, (ii) who may receive the data, (iii) the existence of a database, the identity of the data collector and its mailing address; (iv) the consequences of providing the data, of refusing to do so or of providing inaccurate information; and (v) the data subject's access, rectification and suppression rights.

In addition, data contained in databases must be truthful, adequate, pertinent, and not excessive, be used exclusively for the purpose for which it was legally obtained and be deleted on completion of that purpose. Incomplete or partially or totally false data must be immediately amended or suppressed.

No person may be required to disclose personal sensitive data. Sensitive personal data may only be collected and processed in cases of public interest, as determined by law. Anonymised sensitive personal data may be collected for statistical or scientific purposes, so long as the data subjects are no longer identifiable.

Data related to criminal history or background may only be collected by public authorities.

TRANSFER

The European Commission recognised Argentina as providing an adequate level of protection for personal data transferred from the European Community (Commission Decision C (2003) 1731 of 30 June 2003).

Personal data may only be transferred out of Argentina in compliance with legitimate interests of the transferring and receiving parties, and, generally requires the prior consent of the data subject, which may be later revoked.

Consent to the transfer of personal data is not required when (i) the collection of the data did not require consent; (ii) the transfer is made between government agencies in the exercise of their respective duties; (iii) the data relates to health issues, and is used for emergencies, epidemiologic studies or other public health purposes, provided that the identity of the subject is protected; or (iv) the data have been de-identified such that they may no longer be linked with the corresponding subjects.

The transferee is subject to the same obligations as the transferor, and both parties are jointly and severally liable for any breach of data protection obligations.

Personal data may not be transferred to other countries or international institutions that do not provide an adequate level of protection, unless in cases of judicial or intelligence international cooperation, where Argentina has signed specific treaties with the relevant countries covering this issue, or in case of bank transfers or health issues (provided that the requirements set out above are complied with).

The adequate level of protection requirement may also be met by the parties including in the relevant agreement, data protection provisions similar to those contained in PDPL.

SECURITY

The data collector must take all technical and organisational measures necessary to ensure the security and confidentiality of the personal data, so as to avoid its alteration, loss, or unauthorised access or treatment. Such measures must permit the data collector to detect intentional and unintentional breaches of information, whether the risks arise from human action or the technical means used. It is prohibited to record personal data in databases which do not meet requirements of technical integrity and safety.

The level of security that must be provided varies in relation to the sensitivity of the personal data. Regulations distinguish between three possible levels of data security, based on the nature of the data stored in the database, and provide for minimum security requirements for each category.

BREACH NOTIFICATION

There are no requirements in the PDPL to report data security breaches or losses to the DNPDP or to data subjects. Nevertheless, all data incidents must be recorded by the data controller in a "Security Incidents Ledger." The DNPDP is entitled to request access to the Security Incidents Ledger when conducting an inspection. Notification may be necessary to mitigate potential violations in the event that the DNPDP starts an investigation and detects a security failure, which constitutes a violation of the data security obligations included in the PDPL.

ENFORCEMENT

The DNPDP is responsible for the enforcement of the data protection regime. Either acting ex officio or upon a complaint from a data subject, the National Ombudsman or consumer associations, the DNPDP is entitled to start an investigation when it suspects that the PDPL has been infringed. Administrative sanctions include warnings, suspension of the right to maintain a database, the imposition of monetary fines, ranging from AR$1,000 to AR$100,000 (approximately US$200 to US$20,000), or the cancellation of the database. In addition, data subjects may separately recover damages for violations of their data protection rights. The PDPL also modified the Argentine Criminal Code to include personal data crimes, such as knowingly inserting false information in a database, knowingly providing false information from a database, illegally accessing a restricted database, or revealing information contained in a database that the offender was in charge of keeping confidential. Criminal violations are subject to prison terms ranging from one month up to three years, which may be increased by a 50% if any person suffers damage as a result of the crime

ELECTRONIC MARKETING

The PDPL will apply to most digital marketing activities, as there is likely to be processing and use of personal data involved (e.g. an email address is likely to be "personal data" for the purposes of the PDPL). In all cases, the data subjects are entitled to exercise their access, amendment and deletion rights as provided in the PDPL.

In particular, the DNPDP's Disposition No. 4/2009 sets forth that (i) all promotional messages shall include the language from the PDPL's Section 27:3 and the third paragraph of Section 27 of Decree No. 1558/01 – which set forth a data subject's right to request suppression of their personal information from marketing databases; (ii) all marketing emails not previously requested or consented to by the data subject shall include as their subject the single word "Publicidad" (promotional); and (iii) senders of promotional messages shall ensure that all mechanisms needed to honour the data subject's requests are in place.

ELECTRONIC PRIVACY (INCLUDING COOKIES AND LOCATION DATA)

Argentina has not enacted specific legislation governing online privacy, nor has the PDPL issued regulations on this point.

Particularly with regard to automatic data collection programs, the current interpretation of most scholars is that information collected by "cookies" or similar programs does not qualify as "personal data" because such information corresponds to a device and not to the user him or herself.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.


DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to www.dlapiper.com

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Mitrani Caballero Ojam & Ruiz Moreno
Marval O'Farrell & Mairal
Moeller IP Advisors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Mitrani Caballero Ojam & Ruiz Moreno
Marval O'Farrell & Mairal
Moeller IP Advisors
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions