The National Agency for the Protection of Personal Data has
prepared a draft bill with the goal of replacing the current Act
No. 25,326 on data protection. The Ministry of Justice published
the draft bill to facilitate comments from the public. The draft
bill has not been presented to the National Congress yet.
In summary, the highlights of the draft bill are as follows:
Standards on data protection will no
longer be applicable to entities but exclusively to
Specific guidelines on the expression
of consent are included, indicating that it may be express or
implied and it is stated that, depending on the circumstances,
consent may be obtained in written, verbal or electronic form.
Specific provisions on personal data of minors are introduced.
The draft bill eliminates the
obligation to register data bases with the national authorities and
makes controllers accountable and proactively responsible.
Employers are allowed to keep
information on criminal or infringement records of their
Several adjustments are contemplated
in respect of international transfers of personal data, including
the fact that no specific consent is required from the data subject
for transfers of personal data between affiliates, provided that
the personal data is not applied for purposes incompatible with
those that originated their collection.
"Cloud Services" are now
expressly covered under the draft bill.
A "Data Protection Officer"
is required to be appointed when: (i) the controller is a
governmental body; (ii) sensitive data is processed as part of the
principal activity of the controller; or (iii) large-scale data is
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Federal Constitution grants citizens power to gain access to information about them in public and private databases.
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