In this privacyespresso, our Argentinean exclusive expert, Mariano Peruzzotti from the law firm Ojam Bullrich Flanzbaum, briefly covers the new data protection legislative initiative of Argentina as well as the approval of Convention 108+ by their Congress.
New Argentine bill on personal data protection
On August 2022 when the Argentine Agency of Access to Public Information, data protection authority of the Argentine Data Protection Law, initiated the process aimed at reforming the personal data protection regime. Personal Data Protection Law No. 25,326 passed in 2000 and complemented by Regulatory Decree No. 1558/2001 and several resolutions, rules and guidelines issued by the DPA.
In September the DPA released a Draft Data Protection Bill. Then, on November 11th, the DPA published on its website the Bill on Personal Data Protection. This document is a new version of the Draft Bill.
The bill follows the provisions of the EU GDPR.
On November 9th, the Argentine Congress approved the incorporation of Argentina to the Modernised Convention for the Protection of Individuals with Regard to the Processing of Personal Data of the Council of Europe (“Convention 108+”).
Argentina is a party to Convention 108 since 2019. As you may know, Convention 108 was the first legally binding international instrument in the data protection field.
In 2019 Argentina signed Convention108+ but the ratification by Congress was pending.
Registration of database for foreign entities.
On November 29 the Agency of Access to Public Information incorporated a web form for the registration of individuals or legal entities that process personal data of Argentines but are not established in the territory, in order to comply with Law 25.326 on Personal Data Protection.
According to the current legislation, the Database Owners – which are defined as “all human or legal persons, public or private, who are owners of a file, registry, database or data bank” – must declare the public and private files and databases before the National Registry of Databases of the Agency for Access to Public Information.
Watch this video to know more details on this news.